Partly allowed

Poulose v. M.J.Anto

Kerala HC29 May 2012RP/834/2011

Case brief

AI extract

What is this about?

The court dismissed a review petition as time barred after denying a delay condonation application. However, granting the applicant an additional two months, the court directed that any order for the delivery of plots C and D be kept in abeyance pending the outcome of subsequent proceedings or Supreme Court orders.

What did the court decide?

Review petition dismissed; delivery of plots C and D by executing court shall remain in abeyance for two months or until Supreme Court orders.

Poulose Vs M.J.Anto — Kerala HC (2012) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

¶4

TUESDAY, THE 29TH DAY OF MAY 2012/8TH JYAISHTA 1934

¶5

RP.No. 834 of 2011 ( ) IN SA. No.671/1981

¶6

AGAINST THE JUDGMENT IN SA.671/1981 DATED 17.03.1987

¶7

REVIEW PETITIONER(S)/RESPONDENT IN SA:

¶8

(*) POULOSE

¶9

S/O.PELLESSERI DEVASSY, RESIDING AT PARLAM VILLAGE THRISSUR. (DIED. LRS. IMPLEADED)

¶10

ADDITIONAL REVIEW PETITIONERS 2 TO 5:

¶11

SHEELA PAUL, W/O.LATE P.D.POULOSE, AGED 69, PELLISSERY HOUSE, AMMADAM NORTH BAZAR, P.O.PARALAM, THRISSUR - 680 575.

¶12

GIGY PAUL, S/O.LATE P.D.POULOSE, AGED 45, PELLISSERY HOUSE, AMMADAM NORTH BAZAR, P.O.PARALAM, THRISSUR - 680 575.

¶13

SHAJI PAUL P., S/O.LATE P.D.POULOSE, AGED 42, PELLISSERY HOUSE, AMMADAM NORTH BAZAR, P.O.PARALAM, THRISSUR - 680 575.

¶14

TOGY PAUL, S/O.LATE P.D.POULOSE, AGED 37, PELLISSERY HOUSE, AMMADAM NORTH BAZAR, P.O.PARALAM, THRISSUR - 680 575.

¶15

(*) LEGAL REPRESENTATIVES OF DECEASED REVIEW PETITIONER ARE IMPLEADED AS ADDITIONAL REVIEW PETITIONERS 2 TO 5 AS PER ORDER DATED 06.03.2012 IN IA NO.699/2012.

¶16

BY ADVS.SRI.S.V.BALAKRISHNA IYER (SR.)

¶17

SRI.P.B.KRISHNAN

¶18

SRI.P.B.SUBRAMANYAN

¶19

RESPONDENT(S)/APPELLANT IN SA:

¶20

M.J.ANTO RESIDING AT MAMPILLY HOUSE, ERINJERI ANGADI, THRISSUR - 680001.

¶21

BY ADV. SRI.M.KRISHNAKUMAR

¶22

THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 29-05-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶23

THOMAS P. JOSEPH, J.

¶24

R.P.No.834 of 2011 in S.A. No.671 of 1981

¶25

-------------------------------------Dated this the 29^th day of May, 2012.

¶26

ORDER

¶27

I have today by separate order on C.M.Appln. No.1202 of 2011 dismissed the application to condone the delay. Consequently this application for review is to be dismissed as time barred.

¶28

Learned Senior Advocate submitted that the executing court has posted the execution petition tomorrow (30.05.2012) and that it is likely that the executing court may pass order for delivery of plots C and D in Ext.C2, plan to the respondent immediately. It is also submitted that petitioner intends to challenge the order of this Court before the Supreme Court and hence the this Court may direct the executing court to keep in abeyance delivery proceedings.

¶29

I have heard learned counsel for respondent as well.

¶30

Having regard to the circumstances stated I am inclined to grant time as prayed for by the learned Senior Advocate.

¶31

R.P.No.834 of 2011 in S.A. No.671 of 1981 2

¶32

Resultantly this review petition is dismissed as time barred. But, it is directed that delivery of plots C and D in Ext.C2, plan to the respondent if ordered by the executing court shall remain in abeyance for a period of two months from this day or till the Supreme Court passes appropriate orders in the matter whichever is earlier.

¶33

All pending interlocutory applications will stand dismissed.

¶34

THOMAS P.JOSEPH, Judge.

¶35

cks

Poulose v. M.J.Anto

Case brief

What is this about?

What did the court decide?

Poulose v. M.J.Anto

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ramu Alias Raman Vs Jayaprakasan

Narayanan Aravindaksha Kartha Vs D.K.Venkiteswara Shenoy

Kunjamma Vs Eldose

Raichel Raju Vs Hilari

George Vs George

Suresh Vs Antony