Kerala High Court
Kasthuribhai Pillai vs K.Radhamma on 29 September, 2025
2025:KER:72990
RP No.303 of 2020 and conctd. Case
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
RP NO. 303 OF 2020
AGAINST THE JUDGMENT DATED 24.01.2020 IN RSA NO.1185 OF 2011 OF HIGH
COURT OF KERALA
REVIEW PETITIONERS/APPELLANTS/APPELLANTS/DEFENDANTS:
1 K.RADHAMMA
AGED 73 YEARS
W/O.RAMACHANDRAN PILLAI, RADHA BHAVAN, PULLIKANAKKU.P.O,
KAYAMKULAM TALUK, ALAPPUZHA DISTRICT-690537
2 RAMACHANDRAN PILLAI
AGED 76 YEARS
S/O.RAGHAVAN PILLAI, RADHA BHAVAN, PULLIKANAKKU.P.O, KAYAMKULAM
TALUK, ALAPPUZHA DISTRICT-690537
BY ADV SHRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/RESPONDENTS/ADDL.RESPONDENTS 2 TO 7/LEGAL REPRESENTATIVES OF
THE PLAINTIFF:
1 KASTHURIBAI PILLAI
AGED 73 YEARS
S/O.PRABHAKARAN PILLAI, KOIPALLY HOUSE, CLAPPANA SOUTH MURI,
PERINAD VILLAGE, KARUNAGAPALLY TALUK, KARUNAGAPALLY.P.O, KOLLAM
DISTRICT-690518
2 VIJAYAKUMAR
AGED 52 YEARS
(WRONGLY SHOWN AS VIJAYAKUMARI), S/O.PRABHAKARAN PILLAI,
KOIPALLY HOUSE, CLAPPANA SOUTH MURI, PERINAD VILLAGE,
KARUNAGAPALLY TALUK, KARUNAGAPALLY.P.O, KOLLAM DISTRICT-690518
3 VALSALAKUMARI
AGED 50, D/O.PRABHAKARAN PILLAI, KOIPALLY HOUSE, CLAPPANA SOUTH
MURI, PERINAD VILLAGE, KARUNGAPALLY TALUK, KARUNAGAPPALLY.P.O,
KOLLAM DISTRICT-690518
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RP No.303 of 2020 and conctd. Case
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4 GOPAKUMAR
AGED 49 YEARS
S/O.PRABHAKARAN PILLAI, KOIPALLY HOUSE, CLAPPANA SOUTH MURI,
PERINAD VILLAGE, KARUNGAPALLY TALUK, KARUNGAPALLY.P.O, KOLLAM
DISTRICT-690518
5 VASANTHAKUMARI
AGED 47 YEARS
D/O.PRABHAKARAN PILLAI, KOIPALLY HOUSE, CLAPPANA SOUTH MURI,
PERINAD VILLAGE, KARUNAGAPALLY TALUK, KARUNAGAPALLY.P.O, KOLLAM
DISTRICT-690518
6 SOBHANAKUMARI,
AGED 46 YEARS
D/O.PRABHAKARAN PILLAI, KOIPALLY HOUSE, CLAPPANA SOUTH MURI,
PERINAD VILLAGE, KARUNAGAPALLY TALUK, KARUNAGAPALLY.P.O, KOLLAM
DISTRICT-690518
THIS REVIEW PETITION HAVING BEEN HEARD ON 29.09.2025, ALONG WITH
RP.350/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RP No.303 of 2020 and conctd. Case
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
RP NO. 350 OF 2020
AGAINST THE JUDGMENT DATED 24.01.2020 IN RSA NO.1185 OF 2011 OF HIGH
COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS IN RSA:
1 KASTHURIBHAI PILLAI
AGED 73 YEARS
KOIPALLY HOUSE, CLAPPANA, KARUNAGAPALLY PIN 690518
2 VIJYAKUMARY
KOIPALLY HOUSE, CLAPPANA, KARUNAGAPALLY PIN 690518
3 VALSALAKUMARY
KOIPALLY HOUSE, CLAPPANA, KARUNAGAPPALLY PIN-690518
4 GOPAKUMAR
KOIPALLY HOUSE, CLAPPANA, KARUNAGAPALLY PIN 690518
5 VASANTHAKUMARY,
KOIPALLY HOUSE, CLAPPANA, KARUNGAPALLY PIN -690518
6 SOBHANAKUMARY,
KOIPALLY HOUSE, CLAPPANA, KARUNAGAPALLY PIN 690518
BY ADV SHRI.V.PREMCHAND
RESPONDENTS/APPELLANTS IN RSA:
1 K.RADHAMMA
RADHA BHAVANAM, PULLIKKANAKKU, KAYAMKULAM PIN-690502
2 RAMACHANDRAN PILLAI,
RADHA BHAVANAM, PULLIKKANAKKU, KAYAMKULAM PIN-690502, KOLLAM
DISTRICT.
THIS REVIEW PETITION HAVING BEEN HEARD ON 29.09.2025, ALONG WITH
RP.303/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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RP No.303 of 2020 and conctd. Case
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EASWARAN S., J.
------------------------------------------------------
R.P No.303 of 2020 in RSA No.1185 of 2011
&
RP No.350 of 2020 in RSA No.1185 of 2011
------------------------------------------------------
Dated this the 29th day of September, 2025
ORDER
Heard Sri.G.Sreekumar, Chelur, learned counsel appearing
for the review petitioner in RP No.303 of 2020 and Sri.V.
Premchand, learned counsel appearing for the review petitioner in
RP No.350 of 2020.
Admit the review petitions.
2. On consent, the review petitions are taken on board for
final hearing.
3. These review petitions arises out of the judgment in RSA
No.1185 of 2011. The appellants as well as the respondents have
come up with the review petitions.
4. By judgment dated 24.1.2020, this Court, finding that the
report of the Advocate Commissioner was riddled with infirmities,
held that the courts below could not have rendered the judgments
based on a defective report. Therefore this Court was of the view
that Ext.C2(a) plan cannot be accepted. Accordingly, the judgment
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RP No.303 of 2020 and conctd. Case
of the first appellate court was set aside and the matter was
remanded back to the first appellate court. While ordering the
remand, this Court further found that in view of the infirmity
attached to Ext.C2(a) plan, the matter should have been remanded
to the trial court but was not inclined to send it to the trial court
because of the fact that the suit is of the year 2001.
5. The review petitioner in RP No.303 of 2020 contends
that when this Court found that Ext. C2(a) plan cannot be accepted,
the matter should have been remanded back to the trial court.
However, the respondent in the appeal contends that going by the
report of the Tahsildar, who was examined to prove Ext.X1
correlation statement deposed that there is no sub division plans
available for the property covered by Ext.A3 document. It is further
pointed out that no objection was also raised against the
measurement by the defendant at any point of time and therefore
this Court could not have found the irregularity on Ext.C2(a) and
C2(b) plan. Therefore it is contended that the effect of Ext.X1 along
with the admission of the defendant in the written statement has
not been considered by this Court by rendering the judgment under
review.
6. On consideration of the rival submissions raised across
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the bar by both the review petitioners, this Court finds that since
both the appellants and the respondents in the appeal are aggrieved
by the judgment rendered by this Court in the second appeal, it is
only appropriate to allow the reviews preferred by both parties, as a
rehearing of the appeal has become inevitable. Accordingly, the
judgment dated 24.1.2020 allowing RSA No.1185 of 2011 is recalled
and reviewed.
Resultantly, R.S.A No.1185 of 2011 stands restored to the
files of this Court. Registry is directed to call for the records from
the Additional District Court-II, Kollam, forthwith by messenger.
List the appeal for further consideration on 13.10.2025.
sd/-
sab EASWARAN S.
JUDGE
