Allowed

Sabi v. George Mathew

Kerala HC11 Nov 2020RP/780/2020

Case brief

AI extract

What is this about?

The Kerala High Court allowed a review petition in a property/civil suit where the earlier judgment was set aside on the ground that the prior allowance of the plea was incorrect as the principle of advancement of justice cannot dilute the mandate under Section 34 of the Specific Relief Act.

What did the court decide?

Review petition allowed; earlier judgment reviewed and recalled; appeal for final hearing allowed as per roster.

Sabi Vs George Mathew — Specific Performance | Kerala HC (2020)

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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 P.SOMARAJAN

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WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

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RP.NO.780 OF 2020 IN RSA. 358/2020

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AGAINST THE JUDGMENT AND DECREE DATED 05.12.2019 IN AS 103/2018 OF ADDITIONAL DISTRICT AND SESSIONS COURT, MUVATTUPUZHA

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AGAINST THE JUDGMENT AND DECREE DATED 09.12.2016 IN OS 11/2009 OF MUNSIFF COURT, MUVATTUPUZHA

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AGAINST THE ORDER/JUDGMENT IN RSA 358/2020 OF HIGH COURT OF KERALA

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PETITIONER/RESPONDENT NO.1 IN R.S.A:

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SABI S/O.LATE JOSEPH, AGED 48, KILINJILIKATTU HOUSE, MUTHOLAPURAM KARA,MUTHOLAPURAM.P.O, ELANJI VILLAGE,MUVATTUPUZHA, ERNAKULAM-686665.

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BY ADVS. SRI.P.FAZIL SRI.A.C.THOMAS ADHIKARAM SMT.JAYASREE MANOJ SRI.SAJU THALIATH SRI.V.S.SREEJITH SRI.JITHIN PAUL VARGHESE SMT.ANN MARY FRANCIS

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RESPONDENTS/APPELLANTS & RESPONDENTS 2 TO 7 IN R.S.A:

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1 GEORGE MATHEW

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S/O.MATHEW, AGED 63, MANTHOTTHATHIL, OMALLOOR KARAYIL,KOTHANALLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM-686603,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.JOSEPH MATHEW @ BABY, S/O MATHEW,AGED 44,MANTHOTTATHIL OMALLOOR KARAYIL,KOTHANALLOOR VILLAGE,VAIKOM TALUK, KOTTAYAM-686603.

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2 JOSEPH MATHEW @ BABY, S/O.MATHEW, AGED 44, MANTHOTTATHIL OMALLOOR KARAYIL,KOTHANALLOOR VILLAGE,VAIKOM TALUK,KOTTAYAM-686603.

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RP.No.780 OF 2020 IN RSA. 358/2020 2

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3 JOSEPH, S/O.KURIAN, AGED 58, PADINJAREKATTU HOUSE, MUTHOLAPURAM KARA,MUTHOLAPURAM.P.O,ELANJI VILLAGE,MUVATTUPUZHA,ERNAKULAM-686665.

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4 LILLI, D/O JOSEPH,AGED 56 KILINJILIKATTU HOUSE, MUTHOLAPURAMKARA,MUTHOLAPURAM .P.O, ELANJI VILLAGE,MUVATTUPUZHA,ERNAKULAM-686665.

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5 DIVYA, D/O.JOSEPH, AGED 54, KILINJILIKATTU HOUSE, MUTHOLAPURAMKARA,MUTHOLAPURAM .P.O, ELANJI VILLAGE,MUVATTUPUZHA,ERNAKULAM-686665.

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6 JUSTINE, D/O.JOSEPH, AGED 52, KILINJILIKATTU HOUSE, MUTHOLAPURAMKARA,MUTHOLAPURAM .P.O, ELANJI VILLAGE,MUVATTUPUZHA,ERNAKULAM-686665. 7 SR.FLOWERLET, D/O.JOSEPH, AGED 50, KILINJILIKATTU HOUSE, MUTHOLAPURAMKARA,MUTHOLAPURAM .P.O, ELANJI VILLAGE,MUVATTUPUZHA,ERNAKULAM-686665. 8 BINDU, D/O.JOSEPH,AGED 46, KILINJILIKATTU HOUSE, MUTHOLAPURAMKARA,MUTHOLAPURAM .P.O, ELANJI VILLAGE,MUVATTUPUZHA,ERNAKULAM-686665.

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 11.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No.780 OF 2020 IN RSA. 358/2020 3

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ORDER

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It was submitted that the concurrent finding rendered by both the courts below altered by this court mainly on the reason that the plaint was drafted very poorly and the blame shall not be put on the shoulder of the party concerned. It was further submitted that the mandate under Section 34 of the Specific Relief Act cannot be diluted and no concession can be given on the ground that the plaint was drafted very poorly. In such situation, it is not permissible to invoke the principle of advancement of justice, hence sought to review of the judgment. There is much weight in the contention. As such, the review petition is allowed. Earlier judgment is reviewed and recalled.

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Review petition is allowed accordingly. Post the appeal for final hearing as per the roster.

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Sd/-

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P.SOMARAJAN JUDGE

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SPV

Sabi v. George Mathew

Case brief

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Sabi v. George Mathew

Case brief

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