Soman v. Ammini
Case brief
What is this about?
The High Court dismissed the civil revision petition filed against the dismissal of an application to condone delay in filing a review petition. The Court held that the primary remedy is appeal under Section 96 CPC, and the review power is limited.
What did the court decide?
Revision petition dismissed; liberty granted to file appeal against the final decree under Section 96 CPC.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2016/5TH SRAVANA, 1938
CRP.No. 284 of 2016
IA.NO.338/2016 IN OS.99/2010 OF MUNSIFF COURT, CHANGANACHERRY
REVISION PETITIONER(S): ----------------------
SOMAN, AGED 66, S/O.AYYAPPAN, CHIRATHARA HOUSE, FROM THADATHIL HOUSE, S.PURAM P.O., KURICHY VILLAGE, KURICHY KARA, CHANGANACHERRY TALUK.
BY ADVS.SRI.DINESH R.SHENOY SMT.K.K.JYOTHILAKSHMY SRI.SANIL JOSE SRI.A.JOSEPH GEORGE SRI.EBIN MATHEW
RESPONDENT(S):
1. AMMINI, W/O.THANKAPPAN, OOLACKAL HOUSE, PARIYARAM P.O., PUTHUPALLY VILLAGE, KOTTAYAM TALUK - 686 021.
Issues for consideration
3 issues framed by the court
Whether a party seeking review of a final decree in partition suit after an appeal right exists can be granted review.
Whether the High Court can condone delay for filing revision petition against a review application dismissed for being filed after limitation.
Whether the remedy of appeal under Section 96 CPC covers aggrievement regarding allotment in partition final decree.
Parties & counsel
- petitioner
Soman
- respondent
K. Thankappan
- respondent
K. Ayyappan
- respondent
Penamma Velayudhan
Coram
Case details
As recorded by the court registry
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