Review petition filed under Order XLVII Rule 1 CPC read with Section 114 CPC was dismissed by this Court as there was no apparent error on the face of the impugned order and the Court had already passed a detailed order on merits.
Review petition was dismissed as it was devoid of any merits with no apparent error on the face of the order.
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 A. BADHARUDEEN
THURSDAY, THE 7TH DAY OF MARCH 2024/17TH PHALGUNA, 1945
RP NO. 277 OF 2024
AGAINST THE ORDER DATED 06.10.2023 IN RPFC NO.98 OF 2020 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
NOUSHAD FLOURISH AGED 47 YEARS S/O MOHIYUDDIN, FLOURISH HOUSE, NEAR MEPPAYUR HIGHER SECONDARY SCHOOL, MEPPAYUR POST, KOZHIKODE DIST, PIN - 673524
BY ADVS. SHAIJAN JOSEPH SURUMI SHAKEEL VARGHESE MUNDACKAL
RESPONDENTS/RESPONDENTS:
1 AKHILA AGED 37 YEARS, D/O RAZIK E.V, KALIMA HOUSE, PERINGADI POST, NEW MAHE, KANNUR DIST, PIN - 673312 2 LAMAR MOIDEEN, AGED 12 YEARS, S/O NOUSHAD FLOURISH, KALIMA HOUSE, PERINGADI POST, NEWMAHE, KANNUR DIST MINOR REPRESENTED BY MOTHER 1ST RESPONDENT, PIN - 673312 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 277 OF 2024 in RP(FC).NO.98 OF 2020
2
O R D E R
Dated this the 7th day of March, 2024
This review petition has been filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 to review order of this Court in R.P.(F.C).No.98/2020 dated 06.10.2023.
error on the face of the order, so as to exercise the limited power of review, since this Court passed a detailed order on merits in R.P.(F.C).No.98/2020 as per order dated 06.10.2023. Therefore, this review petition is devoid of any
merits and is accordingly dismissed.
Sd/A. BADHARUDEEN JUDGE
nkr
RP NO. 277 OF 2024 in RP(FC).NO.98 OF 2020
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APPENDIX OF RP 277/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE COMMON ORDER DATED 31.12.2019 IN MC 106/2019 AND OP 292/2019 OF FAMILY COURT, THALASSERY
Annexure A2 CERTIFIED COPY OF ORDER IN RPFC 98/2020 DATED 06-10-2023 OF THIS HON'BLE COURT
Annexure A3 TRUE COPY OF THE ORDER DATED 21.11.2022 IN OP(FC) 641/2022 OF THIS HON'BLE COURT
Annexure A4 TRUE COPY OF THE COMMON ORDER IN IAS 21/2022, 22/2022 AND 23/2022 DATED 14-06-2022 OF FAMILY COURT, THALASSERY
Annexure A5 TRUE COPY OF OP NO. 349/2019 FILED BEFORE FAMILY COURT, VATAKARA (WHICH WAS LATER ON TRANSFERRED TO FAMILY COURT, THALASSERI AS OP 941/2019)
Annexure A6 TRUE COPY OF OP(FC) 322/2023 FILED BEFORE THIS HON'BLE COURT (WITHOUT EXHIBITS)
Annexure A7 TRUE COPY OF IA 14/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THALASSERY
Annexure A8 TRUE COPY OF IA 15/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THALASSERY
Annexure A9 TRUE COPY OF COMMON ORDER DATED 1412-2022 IN IAS 14/2022 AND 15/2022 IN O.P. 367/2019 OF FAMILY COURT,
RP NO. 277 OF 2024 in RP(FC).NO.98 OF 2020
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THALASSERY
Annexure A10 TRUE COPY OF THE JUDGMENT DATED 15.6.2023 IN OP(FC) 322/2023 OF THIS HON'BLE COURT
Annexure A11 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT IN IA 14/2022 BEFORE THE FAMILY COURT, THALASSERY Annexure A12 TRUE COPY OF ORDER DATED 5.7.2023 IN RP 686/2023 OF THIS HON'BLE COURT Annexure A13 TRUE COPY OF THE CHIEF AFFIDAVIT OF 1ST RESPONDENT DATED 28-01-2020 FILED BEFORE FAMILY COURT, THALASSERY Annexure A14 TRUE COPY OF THE ORDER DATED 29.9.2023 IN CMP 215/2023 OF FAMILY COURT, THALASSERY Annexure A15 TRUE COPY OF THE ORDER DATED 16.10.2023 IN CRL.A. NO.1537/2023 OF THIS HON'BLE COURT Annexure A16 TRUE COPY OF OP 368/2019 FILED BY THE 1ST RESPONDENT BEFORE FAMILY COURT, THALASSERY Annexure A17 TRUE COPY OF OLD PASSPORT OF THE REVIEW PETITIONER BEARING NO. H5681174 Annexure A18 TRUE COPY OF PASSPORT OF 1ST RESPONDENT BEARING NO. H7230949 Annexure A19 TRUE COPY OF OP 367/2019 FILED BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT, THALASSERY
RP NO. 277 OF 2024 in RP(FC).NO.98 OF 2020
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Annexure A20 TRUE COPY OF MC 38/2019 FILED BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT, THALASSERY Annexure A21 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN MC 106/2019 Annexure A22 TRUE COPY OF THE NEW PASSPORT (COMPLETE BLANK PAGES WITHOUT STAMPING OF ANY VISA) OF THE REVIEW PETITIONER BEARING NO. T4212292 Annexure A23 TRUE COPY OF THE EMAIL SENT TO THE 1ST RESPONDENT BY THE REVIEW PETITIONER ENQUIRING ON SCHOOL ADMISSION OF THE 2ND RESPONDENT Annexure A24 TRUE COPY OF THE EMAIL COMMUNICATION FROM THE CONCERNED SCHOOL AUTHORITY TO THE REVIEW PETITIONER THAT SUBSTANTIATE HIS CLAIM Annexure A25 TRUE COPY OF THE SCHOOL FEE RECEIPT ISSUED BY MOUNT GUIDE INTERNATIONAL SCHOOL Annexure A26 TRUE COPY OF THE ADVOCATE NOTICE SENT BY THE REVIEW PETITIONER TO THE 1ST RESPONDENT DATED 25.1.2019
Annexure A27 TRUE COPY OF CMP NO. 106/2020 IN MC NO. 106/2019 FILED BEFORE THE FAMILY COURT, THALASSERI Annexure A27(a) TRUE COPY OF CMP NO. 408/2020 IN MC NO. 106/2019 FILED BEFORE THE FAMILY COURT, THALASSERI Annexure A27(b) TRUE COPY OF CMP NO. 705/2020 IN MC NO. 106/2019 FILED BEFORE THE FAMILY
RP NO. 277 OF 2024 in RP(FC).NO.98 OF 2020
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COURT, THALASSERI
Annexure A27(c) TRUE COPY OF CMP NO. 546/2021 IN MC NO. 106/2019 FILED BEFORE THE FAMILY COURT, THALASSERI Annexure A27(d) TRUE COPY OF CMP NO. 75/2022 IN MC NO. 106/2019 FILED BEFORE THE FAMILY COURT, THALASSERI Annexure A27(e) TRUE COPY OF CMP NO. 367/2022 IN MC NO. 106/2019 FILED BEFORE THE FAMILY COURT, THALASSERI Annexure A27(f) TRUE COPY OF CMP NO. 364/2023 IN MC NO. 106/2019 FILED BEFORE THE FAMILY COURT, THALASSERI
2 issues framed by the court
Whether the limited power of review under Order XLVII Rule 1 CPC can be exercised in the absence of any apparent error on the face of the order.
Whether the review petition raises any merits given the detailed order on merits passed by the Court earlier.
2 provisions across 1 enactments
Noushad Flourish
Akila
Lamar Moideen
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
