The Kerala High Court ordered reconsideration of an impugned order by the Subordinate Judge, setting aside the previous decision to be revisited following Supreme Court and Constitution Bench principles, and allowed the civil revision petition.
The impugned order was set aside and the execution court was directed to take a fresh decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
MONDAY, THE 25TH JUNE 2007 / 4TH ASHADHA 1929
CRP.No. 2634 of 2001(E)
----------------------AGAINST THE ORDER DATED 06/04/2001 IN EP. 223 /1996 IN LAR.115/1989 of SUB COURT, CHERTHALA
REVN. PETITIONER:
STATE OF KERALA
BY ADV. SRI. SHYSON P. MANGUZHA,GOVT. PLEADER
RESPONDENTS:
BY ADV. SRI.T.H.ABDUL AZEEZ
SMT.M.ISHA
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRP No.2634 of 2001
ORDER ON CMP NO.5582 OF 2001 AND 1938 OF 2002 IN CRP NO.2634 OF 2001
DISMISSED
25.06.2007 SD/- PIUS C. KURIAKOSE, JUDGE.
PIUS C. KURIAKOSE, J.
C.R.P. No. 2634 OF 2001
Dated this the 25th day of June, 2007
O R D E R
There is no resistance to the request of the learned Government Pleader that the impugned order wants reconsideration at the hands of the learned Subordinate Judge in the light of the principles laid down by the Constitution Bench in Sunder v. Union of India [2001 (3) KLT 489] and on the subsequent judgment of the Supreme Court in Gurpreet Singh v. Union of India [(2006) 8 SCC 457]. Accordingly, I set aside the impugned order and direct the execution court to take a fresh decision on the issue after giving due regard to the principles laid down
in Sunder 's case and the subsequent decision in Gurpreet Singh 's case.
The Civil Revision Petition is allowed as above. No costs.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2
1 issue framed by the court
Whether the impugned order requires reconsideration in light of the principles laid down in Sunder and Gurpreet Singh cases.
Colour shows how this judgement treated each authority
Sunder v. Union of IndiaApplied¶28
Sunder v. Union of India [2001 (3) KLT 489]
Gurpreet Singh v. Union of IndiaApplied¶28
Gurpreet Singh v. Union of India [(2006) 8 SCC 457] · Who else cites this
STATE OF KERALA
K. THANKAMMA
KARUNAKARAN PILLAI
SMT.M.ISHA
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
