Review petition against an order in O.P.(C) No. 989 of 2024. The court corrected the reviewed order only to record that it was the petitioner alone who was heard, and to fix a typographical date error (24/05/2024 to 24/04/2024) regarding the Additional Munsiff, Kochi's report.
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 MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
RP NO. 508 OF 2024
AGAINST THE JUDGMENT DATED IN OP(C) NO.989 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER(S)/1ST RESPONDENT:
ROSEBUD MARIAM JACINTHA CALLAGHAN AGED 74 YEARS D/O LATE NAZIAN GREGORY BAYER,NO. 1, PARANJYOTHI ROAD, FRASER TOWN, BANGALORE., PIN - 560005
BY ADV GEORGE V.MARKOSE
RESPONDENT(S)/RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO
11:
1 LILLIAN CECELIA BAYER AGED 41 YEARS YEARS, D/O LATE LARRY ANTONY BAYER,CROWTHER', PARSHANE, MEPPADI,WAYANAD DISTRICT, PIN - 673577
2 AVRIL ROSILIA BAYER AGED 76 YEARS D/O LATE NAZIAN GREGORY BAYER, P. I. D. NO. 5, HUTCHIN'S ROAD, COOKE TOWN, BANGALORE,, PIN - 560085
R.P. No.508 of 2024
2
6 NANCY BAYER AGED 87 YEARS W/O LATE ALROY BAYER, HOUSEWIFE, RESIDING AT 'BELVEDERE', 117 VELLORE ROAD, PODANUR, COIMBATORE, TAMIL NADU., PIN - 641023
7 CHRISTOPHER AGED 46 YEARS S/O LATE ALROY BAYER, OFFICE EMPLOYEE, RESIDING AT 'BELVEDERE', 117 VELLORE ROAD, PODANUR, COIMBATORE, TAMIL NADU., PIN - 641023
8 ANNABELLE
AGED 44 YEARS D/O LATE ALROY BAYER, HOUSEWIFE, RESIDING AT 'BELVEDERE', 117 VELLORE ROAD, PODANUR, COIMBATORE, TAMIL NADU., PIN - 641023
9 P. J. PETER AGED 56 YEARS S/O JOSEPH, BUSINESS, PUNNAKKAL HOUSE, PADINJARA MURIYIL, RAMESWARAM, THOPPUMPADY VILLAGE, THOPPUMPADY P.O., PIN - 682005
10 PRADEEP KUMAR C AGED 48 YEARS S/O LATE B. CHELLAPPAN RESIDING AT 'LE DE MAISON', JANATHA ROAD, PANANGAD DESOM, KUMBALAM VILLAGE, KANNAYANOOR TALUK, ERNAKULAM DISTRICT, PANAGAD P.O., PIN - 682506
11 LEEMA PRADEEP AGED 44 YEARS W/O PRADEEP KUMAR. C, HOUSEWIFE, RESIDING AT 'LE DE MAISON', JANATHA ROAD, PANANGAD DESOM, KUMBALAM VILLAGE, KANNAYANOOR TALUK, ERNAKULAM DISTRICT, PANAGAD P.O., PIN - 682506
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P. No.508 of 2024
3
C.S.SUDHA, J.
R.P. No.508 of 2024
Dated this the 29 th day of March 2024
O R D E R
Heard the learned Counsel for the Review Petitioner. No
grounds for review is made out except to the extent the statement in the order that both the parties have been heard. To that extent, the order
will stand reviewed. It is only the petitioner who was heard.
there is a further mistake in the order that the report of the learned Additional Munisiff, Kochi is mentioned as 24/05/2024 whereas
actually the date is 24/04/2024. The order to the said extent shall also stand corrected.
The Review Petition is disposed of accordingly.
Sd/-
C.S.SUDHA JUDGE
Jms
R.P. No.508 of 2024
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APPENDIX OF RP 508/2024
PETITIONER ANNEXURES
| Annexure A | ANNEXURE A COMMISSION REPORT DATED 05/12/2023. |
|---|---|
| Annexure B | TRUE COPY OF I.A 7 OF 2024 FILED BY RESPONDENTS 10 AND 11 SEEKING TO RAISE AND DECIDE PRELIMINARY ISSUES |
| Annexure C | TRUE COPY OF I.A 12 OF 2024 FILED BY RESPONDENTS 10 AND 11 SEEKING TO RAISE AND DECIDE PRELIMINARY ISSUES |
| Annexure D | TRUE COPY OF PETITION TO SEEKING AN ORDER EITHER TO SET THE RESPONDENT EX- PATE OR PROCEED WITH THE SUIT RECORDING THAT NO WRITTEN STATEMENT IS FILED BY THE RESPONDENTS 10 AND 11 |
| Annexure E | COUNTER AFFIDAVIT FILED BY REVISON PETITIONER IN P7 PETITION NOTICE ISSUED BY 1ST ADDITIONAL MUNSIFF COURT,KOCHI |
| ADVANCEING THE POSTING OF THE SUIT O.S 283 OF 2023. |
|
| Annexure F | NOTICE ISSUED BY 1ST ADDITIONAL MUNSIFF COURT,KOCHI INTIMATING ADVANCEING THE POSTING OF THE SUIT O.S 283 OF 2023 FROM 15/06/2024 TO 20/05/2024. |
| Annexure G | CERTIFIED COPY OF JUDGEMENT DATED 25-04- 2024 IN O.P (C) NO. 989 OF 2024 |
Rosebud Mariam Jacintha Callaghan
Lillian Cecelia Bayer
Avril Rosilia Bayer
Yvonne Patricia Doyle
Winston Bayer
Bernadette Bayer
C.S. Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
