Dismissed

Henry v. K.K.Beatrice

Kerala HC22 Mar 2024RP/1080/2023

Case brief

AI extract

What is this about?

The Court dismissed multiple review petitions filed against a common judgment of February 20, 2023, in the Review Court of the High Court of Kerala. The Court held that there was no error apparent on the face of the record and noted that the apex court had already dismissed the SLP filed by the petitioners.

What did the court decide?

None. Review petitions of R.P. Nos. 1080, 1083, and 1085 of 2023 were dismissed.

Henry Vs K.K.Beatrice — Civil Procedure and Limitation | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶3

THE HONOURABLE MR. JUSTICE SATHISH NINAN

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FRIDAY, THE 22^ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946

¶5

RP NO. 1080 OF 2023

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AGAINST THE JUDGMENT DATED 20.02.2023 IN RSA NO.277 OF 2010 OF HIGH COURT OF KERALA

¶7

REVIEW PETITIONERS/APPELLANT NOS.1, 4 & 5 IN RSA:

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1 HENRY, AGED 65 YEARS, S/O. GEORGE, AVITTAMPALLY HOUSE, AIMS PONEKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN – 682041.

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2 GIJO PIOUS, AGED 45 YEARS, S/O. TRINE PIOUS R/O AVITTAMPALLY HOUSE, PONEKKARA, ELAMAKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN – 682041.

¶10

3 GIGY PIOUS, AGED 43 YEARS, D/O. TRINE PIOUS R/O AVITTAMPALLY HOUSE, PONEKKARA, ELAMAKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN – 682041.

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BY ADV P.B.KRISHNAN (SR)

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RESPONDENTS/RESPONDENTS NO.1, 4 & 6 TO 11 AND APPELLANT NO.2 IN RSA:

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1 K.K.BEATRICE, D/O KAPPAPAN, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK. ERNAKULAM DISTRICT, PIN – 682027.

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RP NO. 1080 OF 2023 -2-

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2 JACOB M.J., S/O. LATE JOSEPH, MATHIRAPPILLY HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR P.O., CHERANELLUR VILLAGE, KANAYANNUR TALUK. ERNAKULAM DISTRICT, PIN – 682027.

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3 PUSHPY, D/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

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4 VARGHESE,

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S/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶19

5 YESUDAS, S/O XAVIER, AGED 65 YEARS, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶20

6 GRACY, D/O XAVIER, AGED 62 YEARS, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

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7 ANISH, S/O.XAVIER,AGED 59 YEARS, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶22

8 DELCY, D/O.XAVIER, AGED 54 YEARS, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

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RP NO. 1080 OF 2023 -3-

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9 PAULI, S/O GEORGE, AVITTAMPALLY HOUSE, AIMS PONEKKARA, ELAMAKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN – 682041.

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BY ADVS. RAVI SANKAR P K MANU VYASAN PETER

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22.03.2024, ALONG WITH RP.1083/2023, 1085/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 SATHISH NINAN

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FRIDAY, THE 22^ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946

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RP NO. 1083 OF 2023

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AGAINST THE JUDGMENT DATED 20.02.2023 IN RSA NO.277 OF 2010 OF

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HIGH COURT OF KERALA

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REVIEW PETITIONER/APPELLANT NO.2 IN RSA:

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PAULI,

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AGED 60 YEARS,

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S/O GEORGE, AVITTAMPALLY HOUSE, AIMS PONEKKARA, ELAMAKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN – 682041.

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BY ADV P.B.KRISHNAN (SR)

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RESPONDENTS/RESPONDENT NOS.1,4 & 6 TO 11 AND APPELLANT NO.1 AND

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3 TO 5 IN RSA:

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1 K.K. BEATRICE, D/O KAPPAPAN, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK. ERNAKULAM DISTRICT, PIN – 682027.

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2 JACOB M.J..

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S/O. LATE JOSEPH, MATHIRAPPILLY HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR P.O., CHERANELLUR VILLAGE, KANAYANNUR TALUK. ERNAKULAM DISTRICT, PIN – 682027.

¶44

3 PUSHPY, D/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶45

RP NO. 1083 OF 2023 -2-

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4 VARGHESE, AGED 68 YEARS, S/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶47

5 YESUDAS, AGED 65 YEARS, S/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶48

6 GRACY, AGED 62 YEARS, D/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

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7 ANISH, AGED 59 YEARS, S/O.XAVIER,AGED 59 YEARS, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

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8 DELCY, D/O.XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶51

9 HENRY, S/O. GEORGE, AVITTAMPALLY HOUSE, AIMS PONEKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN – 682041.

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10 GIJO PIOUS, S/O. TRINE PIOUS R/O AVITTAMPALLY HOUSE, PONEKKARA, ELAMAKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN – 682041.

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RP NO. 1083 OF 2023 -3-

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11 GIGY PIOUS, D/O. TRINE PIOUS R/O AVITTAMPALLY HOUSE, PONEKKARA, ELAMAKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN – 682041.

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BY ADVS. RAVI SANKAR P K MANU VYASAN PETER

¶56

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22.03.2024, ALONG WITH RP.1080/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶58

PRESENT

¶59

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶60

FRIDAY, THE 22^ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946

¶61

RP NO. 1085 OF 2023

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AGAINST THE JUDGMENT DATED 20.02.2023 IN RSA NO.292 OF 2010 OF

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HIGH COURT OF KERALA

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REVIEW PETITIONERS/APPELLANTS NO.2 & 3 IN RSA:

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1 GIJO PIOUS AGED 45 YEARS S/O. TRINE PIOUS R/O AVITTAMPALLY HOUSE, PONEKKARA, ELAMAKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN - 682041

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2 GIGY PIOUS AGED 43 YEARS

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D/O. TRINE PIOUS R/O AVITTAMPALLY HOUSE, PONEKKARA, ELAMAKKARA, EDAPPALLY NORTH VILLAGE, ERNAKULAM DISTRICT, PIN - 682041

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BY ADV P.B.KRISHNAN (SR)

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RESPONDENTS/RESPONDENT NO.3 TO 10 IN RSA:

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1 JACOB M.J., S/O. LATE JOSEPH, MATHIRAPPILLY HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR P.O., CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 682027.

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2 K.K.BEATRICE,

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D/O KAPPAPAN, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 682027.

¶73

RP NO. 1085 OF 2023 -2-

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3 PUSHPY, D/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶75

4 VARGHESE, S/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

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5 YESUDAS, S/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

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6 GRACY D/O XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 683544

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7 ANISH, S/O.XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

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8 DELCY, D/O.XAVIER, RESIDING AT KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLUR VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN – 683544.

¶80

BY ADV RAVI SANKAR P K

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22.03.2024, ALONG WITH RP.1080/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = R.P. Nos.1080 & 1083 of 2023 in R.S.A. No.277 of 2010 & R.P. No.1085 of 2023 in R.S.A. No.292 of 2010

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= = = = = = = = = = = = = = = = = = Dated this the 22^nd day of March, 2024

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O R D E R

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Review is sought of the common judgment dated

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20.02.2023. The contention is that, the finding entered

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into on the plea of adverse possession is not correct.

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Review is not to be an attempted rehearing of the appeal in disguise. There is no error apparent on the face of the record warranting entertainment of the review. It is also noticed that, challenging the judgment, the petitioners had approached the Apex Court in SLP(C).No.21596/2023 which was dismissed on 31.07.2023.

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Review petitions are dismissed.

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Sd/- SATHISH NINAN JUDGE

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kns/-

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//True Copy// P.S. to Judge

Henry v. K.K.Beatrice

Case brief

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What did the court decide?

Henry v. K.K.Beatrice

Case brief

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