A review petition before the Hon'ble High Court of Kerala correcting a factual error in the main writ judgment regarding the timing of a commission. The court recalled the judgment and remanded the matter for re-hearing.
Recalled the judgment passed earlier and posted the case for hearing on 30.7.2009.
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 S.S.SATHEESACHANDRAN
WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931
RP.No. 682 of 2009(O) ------------------------------(JUDGEMENT IN W.P.(C).NO.7132/2009 OF THIS HONOURABLE COURT)
REVIEW PETITIONERS/ PEITIONERS IN W.P.(C):
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1. KRISHNAMMA, W/O.LATE ,MOHANA CHANDRAN, T.C.4/2512, MARAPPALAM, EAST PATTOM, THIRUVANANTHAPURAM.
2. JAYAKRISHNAN, S/O.LATE MOHANA CHANDRAN, T.C.4/2512, MARAPPALAM, EAST PATTOM, THIRUVANANTHAPURAM.
3. ANJANA, D/O.LATE MOHANA CHANDRAN, T.C.4/2512, MARAPPALAM, EAST PATTOM, THIRUVANANTHAPURAM.
BY ADVS. MR.L.MOHANAN, SMT.LIGEY ANTONY.
RESPONDENT IN REVIEW PETITION/RESPONDENT IN W.P.(C):
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SARATH CHANDRAN, S/O.MADHAVAN, MADHAVAMANDIRAM, T.C.4/2512, MARAPPALAM, PATTOM P.O, KOWDIAR VILLAGE, THIRUVANANTHAPURAM.
BY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/07/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
S.S.SATHEESACHANDRAN, J.
R.P.No.682 of 2009
in W.P.(C).No.7132 of 2009 - (O)
Dated this the 22nd day of July, 2009
O R D E R
I am satisfied after hearing the learned for the petitioner, there is a factual mistake in the judgment wherein it is stated that the commission was taken out after framing of issues. It is submitted that the commission was taken out before framing the issues in the suit and only a mahazar and rough sketch had been
prepared. That being so, the judgment already passed is recalled, and the case is posted for hearing on 30.7.2009.
The petition is allowed as above.
S.S.SATHEESACHANDRAN, JUDGE.
bkn/-
1 issue framed by the court
Whether to recall a judgment due to a factual mistake regarding the timeline of commission issuance relative to the framing of issues.
Krishnamma
Jayakrishnan
Anjana
Sarath Chandran
S.S. Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
