The High Court dismissed a writ petition under Article 227 challenging the dismissal of a review petition filed at the final decree stage. The Court held that the remedy lay elsewhere and the regular remedy was not exhausted.
The original petition is dismissed for not exhausting the regular remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945
OP(C) NO. 620 OF 2020
AGAINST THE ORDER DATED 14-02-2020 IN I.A.NO.838/2019 IN F.D.I.A NO.540/2017
IN O.S.NO.179/1988 OF PRINCIPAL SUB COURT, PALAKKAD
PETITIONER/PETITIONER/PLAINITFF IN O.S:
1LEELAVATHI,
AGED ABOUT 52 YEARS,
W/O.LATE HARIDAS, RESIDING AT THATTARAPPOTTAYIL,
POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.
2KARTHIK,
AGED ABOUT 30 YEARS
S/O.LATE HARIDAS, RESIDING AT THATTARAPPOTTAYIL,
POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.
BY ADVS.
P.B.KRISHNAN
SRI.SABU GEORGE
SRI.P.B.SUBRAMANYAN
SRI.MANU VYASAN PETER
SMT.MEERA P.
RESPONDENTS/RESPONDENTS 1, 3 TO 6, 11 TO 16, 18, 20, 21, 23 TO 26, 28 TO
48/LRS OF THE DEFENDANT IN O.S:
1KULANTHAVELU(DIED),
AGED 77 YEARS,
S/O.BALASUBRAMANYA UDAYAR,
NERINGAL, VERKOLI P.O.,
POLPPULLY AMSOM,
PALAKKAD TALUK, PALAKKAD - 678 552.
ADDITIONAL R39 IS IMPLEADED AS THE LRS OF DECEASED R1.
2BALAMURUKAN,
AGED 34 YEARS, S/O.LATE RAJAKUMARAN,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
3THENMOZHI,
AGED 30 YEARS, D/O.LATE RAJAKUMARAN,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
OP(C) NO. 620 OF 2020
2
4 KALAVATHI,AGED 57 YEARS, W/O.LATE RAJAKUMARAN,
RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.5 BALAKRISHNA UDAYAR, AGED ABOUT 82 YEARS, S/O.VADIVELU UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK,PALAKKAD - 678 552.6 SELVARAJ @ THANKADURAI, AGED ABOUT 67 YEARS, S/O.VADIVELU UDAYAR,RESIDING AT NERINGAL, VERKOLY P.O.,POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.*7 ROKAMMAL (DELETED), AGED ABOUT 85 YEARS, S/O.NATESA UDAYAR, RESIDING NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.8 KOMALAM, AGED ABOUT 80 YEARS, W/O.BALASUBRAMANYA UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.*9 THANKAMMAL (DELETED), AGED ABOUT 78 YEARS, W/O.VADIVELU UDAYAR, NERINGAL,VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.**10KRISHNA UDAYAR,
AGED 77 YEARS, AGED ABOUT 75 YEARS, RESIDING AT NERINGAL,
VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD -
678 552.(RECORDED AS LR OF R13)
**11 SUBRAMANIYA UDAYAR, AGED ABOUT 79 YEARS, S/O.SETHU UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.(RECORDED AS LR OF R13)*12 RAJAMMA(DELETED) AGED ABOUT 82 YERS, W/O.BALASUBRAMANYA UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.13 AMBIKAVATHI (DECEASED), AGED ABOUT 79 YEARS, W/O.KANAKA UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.14 MASILAMANI, AGED ABOUT 72 YEARS, PENSIONER, S/O.LATE MANI UDAYAR, NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.3
OP(C) NO. 620 OF 2020
15 CHANDRAVALLY, AGED ABOUT 57 YEARS, W/O.THANKAVELU UDAYAR, NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.16 BALASUBRAMANIYAN, AGED ABOUT 62 YEARS, S/O.LATE MANI UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.17 SURESH, AGED ABOUT 55 YEARS, S/O.LATE MANI UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.18 YASODHA, AGED ABOUT 52 YEARS, W/O.VELU, C/O.RAMASWAMY UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.**19 ANANDHAVALLY, AGED ABOUT 62 YEARS, W/O.NARAYANA UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552. (RECORDED AS THE LR OF R21)**20 RANGANATHAN, AGED ABOUT 47 YEARS, S/O.LATE NARAYANA UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552. (RECORDED AS THE LR OF R21)21 KRISHNANATHAN (DIED), AGED ABOUT 45 YEARS, S/O.LATE NARAYANA UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.**22 SURA @ SURESH, AGED ABOUT 42 YEARS, S/O.LATE NARAYANA UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552. (RECORDED AS LR OF R21)**23 REMESH, AGED ABOUT 34 YEARS, S/O.LATE NARAYANA UDAYAR, RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552. (RECORDED AS THE LR OF R21)**24 PAPPUKKUTTY, AGED ABOUT 37 YEARS, D/O.LATE NARAYANA UDAYAR, RESIDING NERINGAL, VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552. (RECODED AS THE LR OF R21)OP(C) NO. 620 OF 2020
4
**25THANKAMMAL,
AGED ABOUT 35 YEARS, D/O.LATE NARAYANA UDAYAR,
RESIDING AT NERINGAL, VERKOLY P.O., POLPPULLY AMSOM,
PALAKKAD TALUK, PALAKKAD - 678 552. (RECORDED AS THE LR OF
R21)
26BHUVANESWARY,
AGED ABOUT 62 YEARS, W/O.LATE SUBBAYYA UDAYA NERINGAL,
VERKOLY P.O., POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
27SUDHA,
AGED ABOUT 47 YEARS, W/O.LATE SUBBAYYA UDAYAR,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
28PREMA,
AGED ABOUT 44 YEARS, W/O.LATE SUBBAYYA UDAYAR,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
29JAYASREE,
AGED ABOUT 42 YEARS, W/O.LATE SUBBAYYA UDAYAR,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
30CHITHRA,
AGED ABOUT 50 YEARS, D/O.LATE THANKAMANI,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
31ANITHA,
AGED ABOUT 44 YEARS, D/O.LATE THANKAMANI,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
32KAVITHA,
AGED ABOUT 42 YEARS, D/O.LATE THANKAMANI,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
33VANITHA,
AGED ABOUT 39 YEARS, D/O.LATE THANKAMANI,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
34CHIDAMBARANATHAN,
AGED ABOUT 67 YEARS, S/O.LATE KANAKAMMAL,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
5
OP(C) NO. 620 OF 2020
35MOHANDAS,
AGED ABOUT 62 YEARS, S/O.LATE KANAKAMMAL,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
36RADHAKRISHNAN,
AGED ABOUT 52 YEARS, S/O.LATE KANAKAMMAL,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.
37RAVI,
AGED ABOUT 48 YEARS, S/O.LATE KANAKAMMAL,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 552.
38BHANUMATHI,
AGED ABOUT 60 YEARS, S/O.LATE KANAKAMMAL,
RESIDING AT NERINGAL, VERKOLY P.O.,
POLPPULLY AMSOM, PALAKKAD TALUK,
PALAKKAD - 678 552.
ADDL.R39REENA
AGED 40 YEARS, W/O NARENDRAN,
RESIDING AT NERINGAL, VERKOLI P.O,
POLPULLY AMSOM, PALAKKAD TALUK, PALAKKAD- 678 552.
ADDL.R39 IS IMPLEADED AS THE LR OF DECEASED R1 VIDE ORDER
DATED 01/02/2021 IN I.A.NO.1/2020
* RESPONDENTS 7, 9 AND 12 ARE DELETED FROM THE PARTY ARRAY
AT THE RISK OF THE PETITIONERS VIDE ORDER DATED 20/02/2023
IN I.A.3/2023.
** RESPONDENTS 10 AND 11 ARE RECORDED AS LRS OF THE DECEASED
R13 AND RESPONDENTS 19, 20 & 22 TO 25 ARE RECORDED AS LRS OF
DECEASED R21 VIDE ORDER DATED 20/02/2023 AS STATED IN THE
MEMO DATED 26/01/2023.
BY ADVS.
SRI.SAJAN VARGHEESE K.- FOR R1,R2,R3,R4
R.SREEHARI - FOR R19,R20,R22
SRI.LIJU. M.P - FOR ADDL.R39
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 620 OF 2020
6
JUDGMENT
Respondents 42 and 43 came up under Article 227 of the Constitution on the ground that a review petition was preferred at the final decree stage, which was dismissed by the trial court stating that it will not come under the purview of Order XLVII C.P.C.. If any of the respondents is aggrieved by the final decree, the remedy lies somewhere else. The regular remedy was not exhausted. Without exhausting the regular remedy, a review was filed which was rightly dismissed by the trial court. There is no reason for interfering with the said order. Hence, the Original Petition will stand dismissed.
P.SOMARAJAN JUDGE
rkr-06/07
OP(C) NO. 620 OF 2020
7
APPENDIX OF OP(C) 620/2020
PETITIONERS EXHIBITS
EXHIBIT P1A TRUE COPY OF I.A.NO.838 OF 2019 IN FDIA
NO.540 OF 2017 IN O.S.NO.179 OF 1988 ON THE
FILE OF THE PRINCIPAL SUBORDINATE JUDGE'S
COURT, PALAKKAD DATED 17/02/2019.
EXHIBIT P2A TRUE COPY OF THE ORDER DATED 14/02/2020 IN
I.A.NO.838 OF 2019 IN FDIA NO.540 OF 2017 IN
O.S.NO.179 OF 1988 ON THE FILE OF THE
PRINCIPAL SUBORDINATE JUDGE'S COURT,
PALAKKAD.
RESPONDENTS EXHIBITSNIL
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether a review petition filed at the final decree stage, dismissed for not coming under Order XLVII, can be challenged via writ under Article 227.
Whether the regular remedy against the final decree was exhausted before approaching the High Court.
2 provisions across 2 enactments
Leelavathi and Ors.
Kulanthavelu's LRs and Ors.
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court