Kerala High Court
Rosebud Mariam Jacintha Callaghan vs Lillian Cecelia Bayer on 29 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
RP NO. 508 OF 2024
AGAINST THE JUDGMENT DATED IN OP(C) NO.989 OF 2024 OF HIGH
COURT OF KERALA
REVIEW PETITIONER(S)/1ST RESPONDENT:
ROSEBUD MARIAM JACINTHA CALLAGHAN
AGED 74 YEARS
D/O LATE NAZIAN GREGORY BAYER,NO. 1,
PARANJYOTHI ROAD, FRASER TOWN,
BANGALORE., PIN - 560005
BY ADV GEORGE V.MARKOSE
RESPONDENT(S)/RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO
11:
1 LILLIAN CECELIA BAYER
AGED 41 YEARS
YEARS, D/O LATE LARRY ANTONY BAYER,CROWTHER',
PARSHANE, MEPPADI,WAYANAD DISTRICT, PIN - 673577
2 AVRIL ROSILIA BAYER
AGED 76 YEARS
D/O LATE NAZIAN GREGORY BAYER, P. I. D. NO. 5,
HUTCHIN'S ROAD, COOKE TOWN,
BANGALORE,, PIN - 560085
3 YVONNE PATRICIA DOYLE
AGED 85 YEARS
D/O LATE NAZIAN GREGORY BAYER, D4, SONA COMPLEX,
RAJAN NAGAR, ABRAMA VALSAD, GUJARAT,
PIN - 396001
4 WINSTON BAYER
AGED 89 YEARS
RETIRED EMPLOYEE INDIAN AIRFORCE, RESIDING AT
'BELVEDERE', 117 VELLORE ROAD, PODANUR,
COIMBATORE, TAMIL NADU., PIN - 641023
5 BERNADETTE BAYER,
AGED 84 YEARS,RETIRED TEACHER, RESIDING AT
'BELVEDERE', 117 VELLORE ROAD, PODANUR,
COIMBATORE, TAMIL NADU.,PIN - 641023
R.P. No.508 of 2024
2
6 NANCY BAYER
AGED 87 YEARS
W/O LATE ALROY BAYER, HOUSEWIFE, RESIDING AT
'BELVEDERE', 117 VELLORE ROAD, PODANUR,
COIMBATORE, TAMIL NADU., PIN - 641023
7 CHRISTOPHER
AGED 46 YEARS
S/O LATE ALROY BAYER, OFFICE EMPLOYEE, RESIDING
AT 'BELVEDERE', 117 VELLORE ROAD, PODANUR,
COIMBATORE, TAMIL NADU., PIN - 641023
8 ANNABELLE
AGED 44 YEARS
D/O LATE ALROY BAYER, HOUSEWIFE, RESIDING AT
'BELVEDERE', 117 VELLORE ROAD, PODANUR,
COIMBATORE, TAMIL NADU., PIN - 641023
9 P. J. PETER
AGED 56 YEARS
S/O JOSEPH, BUSINESS, PUNNAKKAL HOUSE, PADINJARA
MURIYIL, RAMESWARAM, THOPPUMPADY VILLAGE,
THOPPUMPADY P.O., PIN - 682005
10 PRADEEP KUMAR C
AGED 48 YEARS
S/O LATE B. CHELLAPPAN RESIDING AT 'LE DE
MAISON', JANATHA ROAD, PANANGAD DESOM, KUMBALAM
VILLAGE, KANNAYANOOR TALUK, ERNAKULAM DISTRICT,
PANAGAD P.O., PIN - 682506
11 LEEMA PRADEEP
AGED 44 YEARS
W/O PRADEEP KUMAR. C, HOUSEWIFE, RESIDING AT 'LE
DE MAISON', JANATHA ROAD, PANANGAD DESOM,
KUMBALAM VILLAGE, KANNAYANOOR TALUK, ERNAKULAM
DISTRICT, PANAGAD P.O., PIN - 682506
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P. No.508 of 2024
3
C.S.SUDHA, J.
-----------------------------------------------------------
R.P. No.508 of 2024
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Dated this the 29th day of March 2024
ORDER
Heard the learned Counsel for the Review Petitioner. No
grounds for review is made out except to the extent the statement in
the order that both the parties have been heard. To that extent, the order
will stand reviewed. It is only the petitioner who was heard.
2. The learned counsel for the petitioner also pointed out that
there is a further mistake in the order that the report of the learned
Additional Munisiff, Kochi is mentioned as 24/05/2024 whereas
actually the date is 24/04/2024. The order to the said extent shall also
stand corrected.
The Review Petition is disposed of accordingly.
Sd/-
C.S.SUDHA
JUDGE
Jms
PETITIONER ANNEXURES
Annexure A ANNEXURE A COMMISSION REPORT DATED
05/12/2023.
Annexure B TRUE COPY OF I.A 7 OF 2024 FILED BY
RESPONDENTS 10 AND 11 SEEKING TO RAISE
AND DECIDE PRELIMINARY ISSUES
Annexure C TRUE COPY OF I.A 12 OF 2024 FILED BY
RESPONDENTS 10 AND 11 SEEKING TO RAISE
AND DECIDE PRELIMINARY ISSUES
Annexure D TRUE COPY OF PETITION TO SEEKING AN
ORDER EITHER TO SET THE RESPONDENT EX-
PATE OR PROCEED WITH THE SUIT RECORDING
THAT NO WRITTEN STATEMENT IS FILED BY
THE RESPONDENTS 10 AND 11
Annexure E COUNTER AFFIDAVIT FILED BY REVISON
PETITIONER IN P7 PETITION NOTICE ISSUED
BY 1ST ADDITIONAL MUNSIFF COURT,KOCHI
ADVANCEING THE POSTING OF THE SUIT O.S
283 OF 2023.
Annexure F NOTICE ISSUED BY 1ST ADDITIONAL MUNSIFF
COURT,KOCHI INTIMATING ADVANCEING THE
POSTING OF THE SUIT O.S 283 OF 2023 FROM
15/06/2024 TO 20/05/2024.
Annexure G CERTIFIED COPY OF JUDGEMENT DATED 25-04-
2024 IN O.P (C) NO. 989 OF 2024
