Pushpan, v. Kumaran
Case brief
What is this about?
Review petition seeking modification of an order dismissing an original petition without notice. Court deleted unnecessary observations and directed original petitioner to consider rival contentions.
What did the court decide?
Deletion of paragraph 4 from the impugned judgment; direction to court below to consider rival contentions on merits.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
WEDNESDAY, THE 23RD DAY OF JANUARY 2019/3RD MAGHA, 1940
REVIEW PETITION No.51 of 2019 IN O.P.(C).3206/2018
(SEEKING REVIEW OF THE JUDGMENT PASSED IN O.P.(C)No.3206/2018 DATED 17.12.2018 OF HIGH COURT OF KERALA)
REVIEW PETITIONER/RESPONDENT:
PUSHPAN, AGED 63 YEARS, S/O RAMAN, OOTTUMADATHIL HOUSE, CHITTILAPPILLY DESOM, CHITTILAPPILLY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT-680 001. BY ADV. SRI.N.L.BITTO
RESPONDENT/PETITIONERS:
1 KUMARAN, AGED 68 YEARS, S/O NANU, EDAKKATTIL HOUSE, CHITTILAPPILLY DESOM, CHITTILAPPILLY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT-680 001.
2 SARASWATHI, AGED 61 YEARS, W/O KUMARAN, EDAKKATTIL HOUSE, CHITTILAPPILLY DESOM, CHITTILAPPILLY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT-680 001.
Issues for consideration
2 issues framed by the court
Whether the observations in paragraph 4 of the impugned judgment were necessary for the disposal of the original petition.
Whether to delete the said paragraph and direct the court below to consider rival contentions on merits.
Parties & counsel
- petitioner
PUSHPAN
- respondent
KUMARAN
- respondent
SARASWATHI
Coram
Case details
As recorded by the court registry
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