High Court allowed Review Petition, noting respondent's death. Held impugned order pasting with deceased must be treated as non-existent. Recalled prior order.
Review Petition allowed; order dated 18/07/2007 recalled; respondent declared dead.
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
WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929
RP.No. 261 of 2008() -------------------AGAINST THE ORDER IN CRP.1105/2005
PETITIONER/RESPONDENT/PETITIONER/DEFENDANT
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GOPAKUMARAN, S/O.LATE KUMARAMENON, P.K.HOUSE, KALLANMARATHODIYIL, ELAMBLASSERY, POMBRA P.O., OTTAPALAM, PALAKKAD DISTRICT.
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENTS: DEFENDANTS
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ACHUTHANKUTTY MENON @ K.P.A.MANI, PALAKKAL VETTAKULAM VIA KARAKURUSSERRY, POMBRA P.O., PALAKKAD.
BY ADV. SRI.T.C.MOHANDAS SRI.T.M.SUNIL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PIUS.C.KURIAKOSE, J.
R.P.No. 261 OF 2008 IN C.R.P.No.1105 OF 2005
ORDER
Heard Sri.Binoy Vasudevan, counsel for the review petitioner and Smt.Chitra Sunil, counsel for the respondent, who according to the petitioner is dead and gone even at the time when the order was passed by me in the civil revision petition. As rightly pointed out by Smt.Chitra Sunil, the Review Petition itself is defective in as much as even on the showing of the petitioner, the respondent is dead and gone. But at the same time, I cannot ignore the submission that since my order has been issued in favour of a dead person, the same is to be construed as nonest one. I therefore allow the Review Petition and recall the order dated 18/07/2007. The legal representatives of the deceased petitioner will do the needful for getting themselves impleaded as additional petitioners in the civil revision petition.
PIUS.C.KURIAKOSE JUDGE
sv.
GOPAKUMARAN
ACHUTHANKUTTY MENON @ K.P.A.MANI
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
