IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 RP.No. 937 of 2008 IN C.R.P. 589 OF 2008 () -------------------- AGAINST THE JUDGEMENT/ORDER IN CRP.589/2008 .................... PETITIONER:RESPONDENT NO.2 IN CRP: -------------------------------------------- P.V.SESHADRINATHAN(WRONGLY SHOWN AS SESHAN IN THE CAUSE TITLE OF C.R.P.), S/O.VENKITASUBRAMANIA IYER, PALLIPPURAM VILLAGE, PALAKKAD, NOW RESIDING AT 'VENKATA VILAS',96, LUZ CHURCH ROAD, CHENNAI-600004. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SMT.V.DEEPA RESPONDENTS:PETITIONER & RESPONDENTS 1,3 TO 15 IN CRP: ----------------------------------------------------------------------- 1. THOMAS, S/O.KAVUMTHODIYIL MATHAI, CHOKKAD AMSOM, KALIKAVU DESOM. 2. P.V.NARAYANAN, S/O.VENKITASUBRAMANIA IYER, RESIDING AT PALLIPURAM VILLAGE, PALAKKAD. 3. OORIYAPADIKKAL NYNAN'S SON UMMAN, RESIDING AT AMARAMBALAM AMSOM AND DESOM, NILAMBUR TALUK. 4. NEELAPPARAMBIL JOSEPH, RESIDING AT DO . DO. 5. VATTAKKATTIL KUTTAN, RESIDING AT DO. DO. 6. KAVUMTHODIYIL MATHAI'S CHILDREN: CHERIYACHAN, AT DO. DO. 7. KUTTIPENNU @ ROSAMMA, AT DO. DO. (...2) (2) 8. MERI, AT DO. DO. 9. KUNJOO MATHAI, AT DO. DO. 10. DECEASED MATHAI'S WIFE ROSA, AT DO. DO. 11. PALENKARA ROMAN CATHOLIC PALLI VICARI, RESIDING AT PALENKARA AMSOM, DESOM, NILAMBUR TALUK. 12. DECEASED ANANDAN VELLAN'S CHILDREN: KOCHU VELLAN, RESIDING AT AMARAMBALAM AMSOM AND DESOM, NILAMBUR TALUK. 13. BROTHER KOLLAN @ SOMAN, AT DO. DO. 14. KARINKANNAN KOLLAN'S SON: CHATHAN, AT DO. DO. 15. DECEASED BHOOKUTH VELLAN'S SON KOLLAN, AT DO. DO. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.P.No.937/2008 in C.R.P. NO. 589 OF 2008 =========================== Dated this the 5th day of September, 2008 ORDER This petition is filed to review the order passed in C.R.P. No.589/2008 dated 31.7.2008 by respondent No.2 in the revision petition contending that this court passed the order without considering all the relevant aspects. Learned counsel argued that if the entire facts were disclosed to this court, the revision would not have been disposed as has been done in the impugned order and therefore it is necessary to rehear the C.R.P and grant an opportunity to the petitioners to submit his case. 2. C.R.P 589/2008 was disposed without notice to the respondents for the reason that the order challenged shows that executing court did not consider the merit of the application while dismissing E.A.200/2008 and that petition was R.P.937/2008 in C.R.P.589/08 2 dismissed for the reason that petitioner was set ex parte in the execution petition in October 1978. It was pointed out that execution petition itself was subsequently dismissed and it was restored suo motu without notice to the parties. It is in such circumstance, this court directed the executing court to pass fresh orders in E.A.200/2008 after hearing the parties. Petitioner and all other parties are entitled to agitate their case before the executing court while E.A.200/2008 is being heard. Learned counsel appearing for petitioner also submitted that because of the pendency of E.A.200/2008, delivery of the remaining properties need not be delayed. Petitioners are entitled to raise this matter also before the executing court. If before disposing E.A.200/2008, delivery of the other properties could be ordered, as there is no order of stay or any other impediment, executing court to pass appropriate order. R.P.937/2008 in C.R.P.589/08 3 Review Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006