Radhakrishna Pillai vs Kamalamma Amma on 26 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 406 of 2008(R)



1. RADHAKRISHNA PILLAI
                      ...  Petitioner

                        Vs

1. KAMALAMMA AMMA
                       ...       Respondent

                For Petitioner  :SRI.P.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :26/05/2008

 O R D E R
                       M.N. KRISHNAN, J.
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                        R.P. 406 OF 2008
                    IN WPC 36698 OF 2007
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         Dated this the 26th day of May, 2008.

                           O R D E R

By my order dated 12th December, 2007 I had held that the

finding of the District Judge is not incorrect. It is observed by

me that the writ petitioner can approach the trial Court as

directed by the High Court for redressal of the grievance by

reopening the decree and the Court shall, when it is filed,

consider the same in accordance with law and dispose it of on

merits. I have also observed that if there is any legal

obstruction such as question of limitation that may be

considered sympathetically by the Court below. Sympathetically

never mean that undue sympathy. It only means that taking

into consideration the facts and circumstances of that particular

case if the Court feels that technicality shall not defeat the ends

of justice, sympathetic view has to be taken. I do not find any

ground to review my order under Order 47 Rule 1 CPC and

therefore the R.P. lacks merit and it is dismissed.

Sd/- M.N. KRISHNAN, JUDGE.

ul/-

[True copy]

P.A. to Judge.