Partly allowed

A.S.Thomas v. Monica Associates

Kerala HC2 Apr 2018RP/246/2018

Case brief

AI extract

What is this about?

In this review petition, the Kerala High Court recalled its own order in O.P(C).No. 299/2018. The previous judgment was rendered without giving notice to the respondent. The court decided to rehear the original civil proceedings upon the review petitioner filing a proposal for security.

What did the court decide?

The impugned judgment in O.P(C).No. 299/2018 is recalled and the O.P(C). is directed to be reheard.

A.S.Thomas Vs Monica Associates — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940

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RP.No. 246 of 2018

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AGAINST THE JUDGMENT IN OP(C).299/2018 of HIGH COURT OF KERALA DATED 02-04-2018

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REVIEW PETITIONER/RESPONDENT :

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A.S.THOMAS, AGED 69 YEARS, S/O. A.M.SKARIAH, RESIDING AT FLAT NO.10, PILLAI VEEDU LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM, NOW RESIDING AT SILVER CASTLE 1-A, OPP. DY.SP OFFICE, THIRUVALLA P.O., THIRUVALLA VILLAGE, PATHANAMTHITTA DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER RENISH MATHEW RAJAN, AGED 30 YEARS, S/O. RAJANSKARIAH, RESIDING AT AZHAKATHUMANNIL, PERUMPETTY P.O., PERUMPETTY VILLAGE, MALLAPPALLY TAUK, PATHANAMTHITTA DISTRICT.

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BY ADV.SRI.R.NIKHIL

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RESPONDENT :

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MONICA ASSOCIATES, A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, OFFICE AT ROYAL PLAZA, T.C.NO.6/895(4), 2ND FLOOR, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695 013, REPRESENTED BY ITS PARTNER-VINOD, AGED 40 YEARS, S/O.RAMACHANDRAN NAIR, RESIDING AT RADHANIVAS, VATTIYOORKAVU, THIRUVANANTHAPURAM-695013.

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BY SRI.N.SUBRAMANIAM

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No. 246 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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A1 A TRUE COPY OF THE POWER OF ATTORNEY DATED 14.5.2016

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A2 A TRUE COPY OF THE PLAINT IN O.S.88/2016 ON THE FILES OF THE 1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM

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A3 A TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH THE COUNTER CLAIM FILED BY THE DEFENDANT

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RESPONDENT(S)' ANNEXURE

NIL

TRUE COPY

P.S. TO JUDGE

6.4.2018

ALEXANDER THOMAS, J.

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==================

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R.P.No. 246 of 2018 in O.P(C).No. 299/2018

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==================

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Dated this the 2^nd day of April, 2018 O R D E R

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The impugned judgment dated 2.2.2018 in the O.P(C) has been rendered after dispensing with notice to the respondent in the O.P(C)/review petitioner herein. The review petitioner herein/respondent in the O.P(C) has now raised serious contentions in this Review Petition and has also made certain submissions on the basis of the merits of the matter and has made a proposal for offering security of either of two other properties mentioned in para 2 of the additional affidavit dated 30.3.2018 filed by the petitioner in the Review Petition.

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Taking note of the fact that some of the serious contentions and submissions made by the review petitioner have not been taken into consideration by this Court while rendering the impugned judgment, as notice to that party was dispensed with, this Court is of the view that the impugned judgment is to be recalled. In that view of the matter, it is ordered that the impugned judgment rendered by this Court in O.P(C).No. 299/2018 will stand recalled so as to rehear the O.P(C).

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With these observations and directions, the above Review Petition stands disposed of.

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sdk+

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Sd/- ALEXANDER THOMAS, JUDGE

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///True Copy///

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P.S. to Judge

A.S.Thomas v. Monica Associates

Case brief

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A.S.Thomas v. Monica Associates

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