IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 RP.No. 1248 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13645/2009 Dated 02/11/2009 .................... REVIEW PETITIONER(S): ---------------------- MOHAMMED PATHUMMAL, THENGUVILA VEEDU, PALACHIRA, CHERUNNIYOOR VILLAGE, VARKALA. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- NABEESATHU BEEVI, THENGUVILA VEEDU, PALACHIRA, CHERUNNIYOOR VILLAGE, VARKALA. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- R.P.No.1248 OF 2009 IN W.P.(C) NO.13645/2009 -------------------------------- Dated this the 5th day of January 2010 ---------------------------------------------------------- JUDGMENT Petition is filed to review the judgment dated 02/11/2009 rendered in the above writ petition. This court has directed that the examination of the petitioner, 1st defendant in the suit, a lady aged 89 years can be conducted at the office of her advocate. In the present petition it is alleged that pursuant to the orders passed in view of her ailments, she had to be hospitalised and she is still under treatment. Her inability and incapacitation to reach the advocate office is canvassed for seeking a modification of the order under the judgment to permit her examination at her present residence which is stated to be her daughter's house at Thonnakkal. 2. I heard the counsel on both sides. Without going into the merits of the case canvassed, considering the cause canvassed for modification which is supported by a medical certificate, I find, the request for change of venue for examination can be permitted subject to condition that the petitioner shall bear the expenses of the plaintiff and her counsel to have her R.P.No.1248 OF 2009 IN W.P.(C) NO.13645/2009 Page numbers examination at the place of her present residence. Petitioner shall also see that no inconvenience is caused to the opposite party and also her counsel at the venue where her examination is to be conducted. Petitioner shall deposit a sum of Rs.1,500/- as cost to be incurred by the opposite party to facilitate her examination at the place suggested by her. Petitioner shall deposit the sum before the court or pay the sum to the counsel appearing for the plaintiff, and also file a statement furnishing the particulars of her residence at Thonnakkal specifically undertaking that no inconvenience will be caused to the opposite party and her counsel in conducting examination of the 1st defendant at that place. On filing of such statement and deposit/payment of cost, the court below shall pass appropriate orders in accordance with law and after examination of the petitioner it shall dispose the suit as expeditiously as possible. The date of examination needless to point out shall be fixed by the court below subject to satisfaction of the condition aforementioned. Petition is disposed as indicated above. Hand over a copy of the order on usual terms and send a copy to the court concerned. Sd/- S.S.SATHEESACHANDRAN, JUDGE vdv //TRUE COPY// P.A TO JUDGE