Kerala High Court
G Gopakumar vs P K Sasikumar on 17 October, 2024
2024:KER:77102
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
RP NO. 823 OF 2024
AGAINST THE JUDGMENT DATED 13.02.2024 IN OP(C) NO.2996 OF 2017 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
1 G GOPAKUMAR
AGED 57 YEARS
GAYATHRI MADAM, THIRUVARPPU,
KOTTAYAM. PIN 686 020, PIN - 686020
BY ADV G GOPAKUMAR(PARTY-IN-PERSON)
RESPONDENTS/RESPONDENTS:
1 P K SASIKUMAR
AGED 59 YEARS
ULLURUPPIL, NATTAKOM ROAD, KOTTAYAM-686013,
NOW RESIDING AT (ULLURIPPIL), KMC III/160,ANUGRAHA
MUTHAKUNNEL HOUSE, C/O.GEORGE DENNY,MADUKKANI ROAD,
MUTTAMBALAM, KANJIKKUZHI,KOTTAYAM-686004, PIN - 686013
2 C.M.JOSEPH
KATTAYIL, CHINGAVANAM P.O.,
KOTTAYAM, PIN - 686531
3 SOMAN KUTTY
PUTHEN PURAKAL PUTHUKUZHI PO,MUVATTUPUZHA,
NOW RESIDING AT PUTHENPURACKAL,MAVILANGU, PALLOM PO,
CHINGAVANAM, KOTTAYAM., PIN - 686531
4 VIJAYAKUMAR
ADITHYAMANGALAM, THIRUVANCHOOR P.O.,
KOTTAYAM., PIN - 686531
*5 SIJILA
W/O.C M JOSEPH, KATTAYIL HOUSE, MOOLAMKULAM,
CHINGAVANAM, KOTTAYAM, PIN - 686531
2024:KER:77102
R.P. No.823 of 2024
in O.P.(C.) No.2996 of 2017
2
*(IS IMPLEADED AS THE LEGAL REPRESENTATIVE OF DECEASED R2
VIDE ORDER DATED 28.11.2022 IN I.A.NO:2/2022),
BY ADVS.
LIJI J VADAKKEDOM
ATHUL V. VADAKKEDOM(K/003544/2022)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:77102
R.P. No.823 of 2024
in O.P.(C.) No.2996 of 2017
3
C. JAYACHANDRAN, J.
--------------------------------------------
R.P. No.823 of 2024
in O.P.(C.) No.2996 of 2017
--------------------------------------------
Dated this the 17th day of October, 2024
ORDER
The review petitioner is the petitioner in O.P.(C.)
No.2996/2017, which was disposed of by this Court as per
judgment dated 13.02.2024. This Court chose to dismiss the
Original Petition, however reserving the petitioner's right to call
for the originals of the FSL report and the sale deed from the
Chief Judicial Magistrate's Court, Kottayam.
2. Now, review is to the limited extent of calling for the
finger print bureau reports, the corresponding filing sheet and
also, the thumb register, along with the FSL report, from the
Chief Judicial Magistrate's Court, Kottayam.
3. Heard the learned counsel for the petitioner and the
learned counsel for the first respondent.
4. Learned counsel for the first respondent would
contend that the right of the said respondent to challenge those
documents in accordance with law, as preserved in paragraph
2024:KER:77102
no.4 of the judgment sought to be reviewed, may be
retained/reserved in respect of the new documents sought to be
called for, as well.
5. In the circumstances, the present Review Petition is
allowed and the judgment in O.P.(C.) No.2996/2017 is reviewed,
by permitting the petitioner to call for the finger print bureau
reports, the corresponding filing sheet, the thumb register and
also a cheque containing the admitted signature (submitted to
the FSL for the purpose of comparison) along with the FSL report
and the sale deed, which were permitted to be called for by
virtue of the judgment under review.
The Review Petition is allowed as above. It is clarified that
the first respondent will have the same liberty in respect of the
new documents permitted to be called for, to challenge the
same in accordance with law, as reserved in paragraph no.4 of
the original judgment.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/17-10
2024:KER:77102
PETITIONER'S ANNEXURES:
ANNEXURE-A1 COPY OF IA 2/2024 IN OS 132/2010 SUB COURT
KOTTAYAM
ANNEXURE-A2 SCREENSHOTS OF THE WEB PAGE CONTAINING THE
TRANSIT DETAILS OF THE CONSIGNMENTS CONTAINING
CONSOLIDATED NOTICES TO THE RESPONDENTS
RESPONDENTS' ANNEXURES:NIL
TRUE COPY
P.A. TO JUDGE
