Kerala High Court
A.K. Pratheesh vs P.V. Nidhish on 3 October, 2024
RP NO. 1023 OF 2024 IN MSA NO.14 OF 2024
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2024:KER:73392
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
RP NO. 1023 OF 2024
AGAINST THE JUDGMENT DATED 30.08.2024 IN MSA NO.14 OF 2024 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/RESPONDENT/APPELLANT/COMPLAINANT:
A.K. PRATHEESH
AGED 52 YEARS
S/O LATE A.K. SETHUMADHAVAN, PRESENT PRESIDENT, ORCHID
GARDEN APARTMENT OWNERS ASSOCIATION, RESIDING AT T-4, BLOCK
D, ORCHID GARDEN PVS PARK, KUTHIRAVATTOM, KOZHIKODE 673015,
NOW RESIDING AT SRUTHI, P.O. KAKKODI, KOZHIKODE, PIN -
673611
BY ADVS.
V.V.SURENDRAN
P.A.HARISH
DONA PAUL
RESPONDENTS/APPELLANTS/ADDL.RESPONDENTS 2 AND 3/LRS OF 1ST RESPONDENT:
1 P.V. NIDHISH
AGED 54 YEARS
S/O. P.V. CHANDRAN, MANAGING PARTNER OF M/S P.V.S BUILDERS
AND DEVELOPERS, KTC BUILDINGS, YMCA ROAD, CALICUT RESIDING
AT KERALA KALA, AZHACHAVATTOM, P.O. MANKAVU, KOZHIKODE, PIN
- 673001
2 P.V. HEMALATHA
AGED 80 YEARS
PARTNER, P.V.S BUILDERS AND DEVELOPERS, YMCA ROAD,
KOZHIKODE, RESIDING AT KERALA KALA, AZHACHAVATTOM, P.O.
MANKAVU, KOZHIKODE, PIN - 673001
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 1023 OF 2024 IN MSA NO.14 OF 2024
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ORDER
1. The respondent in the M.S.A.No.14/2024 has filed this Review
Petition to review the judgment dated 30.08.2024 in the M.S.A.
The Review Petition is strongly opposed by the 1st and 2nd
respondents by filing Counter Affidavit.
2. Several grounds are raised in the Review Petition with respect to
the merits of the matter. But arguments on the basis of the said
grounds were not raised during the hearing of the Appeal, though
the matter was extensively argued by both sides. This Court
formulated the Substantial Questions of law taking note of the
controversies involved in the matter in the light of the arguments
advanced by both sides.
3. One of the grounds raised in the Review Petition is that this Court
committed serious error by framing Questions of law without
notice to the parties. I find from the records that this Court
disposed the M.S.A after hearing both sides and framing
substantial questions of law at the admission stage itself. I am of
the view that this Court committed an error in allowing the appeal
in part after framing the Substantial Questions of law at the
admission stage itself. This is an error apparent on the face of the
RP NO. 1023 OF 2024 IN MSA NO.14 OF 2024
2024:KER:73392
records warranting interference with the impugned judgment.
The impugned judgment is liable to be reviewed to enable parties
to address the arguments on the Substantial Questions of law
formulated after admission of the Appeal. In view of this, I allow
this Review Petition and recall the judgment dated 30.08.2024 in
M.S.A.No.14/2024.
4. The Registry is directed to communicate this order to the Kerala
Real Estate Appellate Tribunal and the Kerala Real Estate Appellate
Authority.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
SHG/XX
