M.K. Kalyanikkutty vs Devi K.M
2024 Latest Caselaw 26321 Ker

Kerala High Court

M.K. Kalyanikkutty vs Devi K.M on 3 September, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
         Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
                   CMCP.NO.1/2024 IN RSA NO. 146 OF 2024

                OS 85/2017 OF ADDL. SUB COURT-III,ERNAKULAM

           AS 191/2018 OF VII ADDITIONAL DISTRICT COURT,ERNAKULAM
APPLICANT/APPELLANT:

     M.K. KALYANIKKUTTY, AGED 62 YEARS, W/O.K.K. SOMAN, MANAMAL HOUSE,
     EROOR DESOM, NADAMA VILLAGE, KANAYANNUR TALUK, EROOR P.O., ERNAKULAM
     DISTRICT - 682306

RESPONDENTS/RESPONDENTS:

  1. DEVI K.M., AGED 50 YEARS, W/O. C.S. VIJAYAN, NAMBIYATH VISHNU
     BHAVAN, KUMBALAM P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682506
  2. BEENA, AGED ABOUT 52 YEARS, W/O. RAMAKRISHNAN, OLIPARAMBIL HOUSE,
     THEKKUMBHAGAM VILLAGE, KANAYANNUR TALUK, THRIPUNITHURA P.O.,
     ERNAKULAM DISTRICT - 682301
  3. BIJUMON P., AGED ABOUT 47 YEARS, S/O. PURUSHOTHAMAN, MUTTATH HOUSE,
     PARAVOOR DESOM, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, SOUTH PARAVOOR
     P.O. NOW RESIDING AT MUTTATH HOUSE, EROOR DESOM, NADAMA VILLAGE,
     KANAYANNUR TALUK, EROOR P.O. ERNAKULAM - 682306
  4. NICKY SOMAN, AGED ABOUT 34 YEARS, D/O.K.K. SOMAN, AGED 62 YEARS,
     MANAMAL HOUSE, EROOR DESOM, NADAMA VILLAGE, KANAYANNUR TALUK, EROOR
     P.O., ERNAKULAM DISTRICT - 682306

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to allow the
petitioner to file the above appeal as an indigent person.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and upon hearing the arguments
of SRI.P.RAMACHANDRAN, Advocate for the petitioner, the court passed the
following:
                             M.A.ABDUL HAKHIM, J.
                           =====================
                                 RSA No. 146 of 2024
                              ================
                       Dated this the 3rd day of September, 2024
                       =============================
                                       ORDER

1. This Court disposed the Regular Second Appeal as per

judgment dated 19/07/2024. The appellant had filed C.M.C.P.

No. 1/2024 seeking permission to prosecute the appeal as

an indigent person. The appeal was disposed of without

considering C.M.C.P. No. 1/2024. It is a fundamental mistake

happened in the proceedings.

2. In view of the same the judgment dated 19/07/2024 in the

RSA is suo motu reviewed and recalled.

3. Issue notice to the respondents in the C.M.C.P.

4. The learned Government Pleader is directed to get report

also.

5. Post on 27/09/2024.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms 03-09-2024 /True Copy/ Assistant Registrar