Kerala High Court
Cleetus vs Stancy Edward on 26 May, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
R.P. No. 617 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947
RP NO. 617 OF 2025
AGAINST THE JUDGMENT DATED 18.06.2024 IN OP(C) NO.1091 OF
2024 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/PETITIONERS 1,2,5 TO 7, 9,
11, 13, 15 & 16:
1 CLEETUS
AGED 54 YEARS
S/O FRANCIS, KANICHERIL,
ARINALLOOR SOUTH, THEVALAKKARA VILLAGE,
KARUNAGAPPALLY,
KOLLAM DISTRICT -, PIN - 690518
2 SEBASTIAN
AGED 62 YEARS
S/O FRANCIS, KANICHERIL,
ARINALLOOR SOUTH, THEVALAKKARA VILLAGE,
KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN - 690518
3 LEELA
AGED 43 YEARS
W/O JOSEPH CARLOS, LIJO BHAVAN,
ARINALLOOR MURI, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM DISTRICT, PIN - 690518
4 SNEHAMMA FRANKLIN
AGED 63 YEARS, W/O FRANKLIN,
AIKKARAVILA- THEKKATHIL,
ARINALLOOR SOUTH, ARINALLOOR P.O,
R.P. No. 617 of 2025
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THEVALAKKARA VILLAGE,
KARUNAGAPPALLY, KOLLAM, PIN - 690518
5 RAJAN
AGED 53 YEARS
S/O BELTHAZEE, OTTAPLAVIL,
ARINALLOOR SOUTH, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM, PIN - 690518
6 SEEJA
AGED 41 YEARS
W/O YESUDASAN (NIKHIL),
AIKKARAVILA- THEKKATHIL, ARINALLOOR SOUTH,
ARINALLOOR P.O, THEVALAKKARA VILLAGE,
KARUNAGAPPALLY, KOLLAM, PIN - 690518
7 SOOSAMMA
AGED 47 YEARS
W/O EARNEST ANTONY, JIJO BHAVAN,
ARINALLOOR SOUTH, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM, PIN - 690518
8 LATHA@PUSHPALATHA
AGED 43 YEARS
W/O JAMES ANTONY, VELUTHEDATHUVILAYIL,
ARINALLOOR MURI, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM, PIN - 690518
9 JIJIMOL
AGED 41 YEARS
S/O LAURANCE, ANIKKUZHIYIL,
ARINALLOOR MURI, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM, PIN - 690518
10 JASSY
AGED 39 YEARS
W/O MILQUARE THOMAS, OTTAPLAVILA,
R.P. No. 617 of 2025
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ARINALLOOR MURI, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM,, PIN - 690518
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
MARIYA JOSE
RESPONDENTS/RESPONDENTS 1 TO 6 &
PETITIONERS 3, 4,8,10,12 & 14:
1 STANCY EDWARD
EDWARD BHAVAN, ARINALLOOR SOUTH,
THEVALAKKARA VILLAGE,
KARUNAGAPPALLY, KOLLAM-, PIN - 690518
2 FR.AJAYAKUMAR
EDWARD BHAVAN, ARINALLOOR SOUTH,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM-, PIN - 690518
3 ANILKUMAR
EDWARD BHAVAN, ARINALLOOR SOUTH,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM-, PIN - 690518
4 ANNIE MARY
EDWARD BHAVAN, ARINALLOOR SOUTH,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM -, PIN - 690518
5 SANTHOSH
S/O GABRIEL, THUNDAYYATHU VEEDU,
ARINALLOOR SOUTH, THEVALAKKARA VILLAGE,
KARUNAGAPPALLY, KOLLAM-, PIN - 690518
6 DAISY RAJAN
W/O SANTHOSH, THUNDAYYATHU VEEDU,
ARINALLOOR SOUTH, THEVALAKKARA VILLAGE,
KARUNAGAPPALLY, KOLLAM-, PIN - 690518
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7 JOLLY
W/O SEBASTIAN, AGED 56 YEARS,
KANICHERIL, ARINALLOOR SOUTH,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM DISTRICT-, PIN - 690518
8 JOSEPH CARLOS
AGED 48 YEARS
S/O CARLOS, LIJO BHAVAN,
ARINALLOOR MURI, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM DISTRICT,, PIN - 690518
9 LUCY
W/O RAJAN, AGED 48 YEARS, OTTAPLAVIL,
ARINALLOOR SOUTH, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM,, PIN - 690518
10 EARNEST
S/O ANTONY, AGED 49 YEARS, JIJO BHAVAN,
ARINALLOOR SOUTH, ARINALLOOR P.O,
THEVALAKKARA VILLAGE, KARUNAGAPPALLY,
KOLLAM,, PIN - 690518
11 JIJO
S/O EARNEST, AGED 24 YEARS, JIJO BHAVAN,
ARINALLOOR SOUTH, ARINALLOOR P.O,
THEVALAKKARA VILLAGE,
KARUNAGAPPALLY, KOLLAM, PIN - 690518
12 ALOYSIUS
S/O LUKE, AGED 47 YEARS,
KUTTIYIL PADINJATTATHIL, ARINALLOOR MURI,
ARINALLOOR P.O, THEVALAKKARA VILLAGE,
KARUNAGAPPALLY, KOLLAM, PIN - 690518
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
26.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P. No. 617 of 2025
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ORDER
I have heard Smt.Anjana Kannath, the learned counsel
for the petitioners.
2. This review petition has been filed to review the
judgment passed by this Court in O.P.(C) No. 1091 of 2024
dated 18.06.2024 dismissing the original petition as not
pressed.
3. According to the petitioners, they wanted to not
press the original petition to try for an out of court amicable
settlement. It is submitted that in the not press memo filed
by the petitioners, they had reserved a right to approach this
court again, if the matter was not settled. However, the
original petition was dismissed without reserving the right of
the petitioners to approach this Court again. It is submitted
that now the settlement has not materialized and another
original petition has been filed. However, since the liberty was
not granted in the Annexure A1 judgment, the original
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petition has not been taken on file.
A perusal of the not press memo shows that the
petitioners have clearly stated that their right to approach
this Court again may be reserved in case the matter is not
settled. Hence, I am of the view that a case for review has
been made out. Annexure A1 judgment is reviewed and the
original petition is dismissed as not pressed with liberty to the
petitioners to file a fresh original petition.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF OTHER JUDGMENT DATED
18.6.2024 IN OP(CIVIL) NO.1091/2024 OF THIS
HON'BLE COURT
