High Court Kerala High Court

Suresh Babu vs Venugopalan Kidavu on 9 July, 2010

Kerala High Court
Suresh Babu vs Venugopalan Kidavu on 9 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 638 of 2010()


1. SURESH BABU, S/O.POKKALI PADMANABHAN,
                      ...  Petitioner
2. SWAMYNATHAN, S/O.POKKALI PADMANABHAN,
3. SUDHARATNAM,D/O.POKKALI PADMANABHAN,
4. SREEDEVI, D/O.POKKALI PADMANABHAN,
5. SANTHA, D/O.POKKALI PADMANABHAN,

                        Vs



1. VENUGOPALAN KIDAVU, S/O.LAKSHMI AMMA,
                       ...       Respondent

2. THILOTHAMA, D/O.KUNHIKANARAN,

3. VENUGOPALAN, H/O.THILOTHAMA,

4. MEYANAMETHAL MOOTHARAN, S/O.THANIYAN,

5. ELATHU METHAL KANDTHY D/O.PARAYAMPARA,

6. RAMACHANDRAN KIDAVU,

7. GANGADHARAN KIDAVU,

                For Petitioner  :SRI.K.M.FIROZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :09/07/2010

 O R D E R
                  S.S.SATHEESACHANDRAN, J.
                      -------------------------------
                       R.P.NO.638 OF 2010
                                   IN
                    W.P.(C).NO.21601 OF 2008
                    -----------------------------------
                Dated this the 9th day of July, 2010

                              O R D E R

The review petition is filed by the respondents 8 to 12 in

the above writ petition, which had been disposed by judgment

dated 8th July, 2009. An order passed by the court below

dismissing an application moved by the 7th defendant seeking

amendment of his written statement with respect to the extent of

a property, was the subject matter of the challenge in the writ

petition. After hearing both sides and noticing that the

amendment sought for over the pleading if not allowed would

cause miscarriage of justice, reversing the order of the court

below, and allowing the amendment sought for, the writ petition

was disposed. Some of the observations made in the judgment of

this Court would cause prejudice to respondents 8 to 12, who

were substituted as additional plaintiffs on the demise of the

plaintiff, is the ground canvassed for review.

R.P.NO.638/10 2

I heard the counsel on both sides. Request made for

reviewing the order is challenged by the counsel appearing for

the respondents contending that no binding observation had

been made. Though I do find force in the objections, it is made

clear that none of the observations made by this Court in the

judgment will have any bearing on the disposal of the suit on

merits. The court below shall dispose the suit in accordance

with law untrammelled by any of the observations made by this

Court in its judgment. Subject to what is stated above, the

review petition is dismissed.

S.S.SATHEESACHANDRAN
JUDGE

prp

R.P.NO.638/10 3