IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 RP.NO. 1050 OF 2010(O) ------------------------------------ AGAINST THE JUDGEMENT IN WPC.37135/2009 DATED 14/07/2010 REVIEW PETITIONER(S): ----------------------------------- 1. ANU PHILIP,W/O.LATE MR.JACOB PHILIP, KOSSERIL(H),CIVIL LINE ROAD, OPP.TO VARKEY'S , PALARIVATTOM PO, ERNAKULAM. 2. ANJU ANNA PHILIP,D/O.ANNU PHILIP, KOSSERIL(H),CIVIL LINE ROAD,OPP.TO VARKEY'S , PALARIVATTOM PO, ERNAKULAM. 3. CUKU SARA JACOB, D/O.ANNU PHILIP, KOSSERIL(H),CIVIL LINE ROAD,OPP.TO VARKEY'S , PALARIVATTOM PO, ERNAKULAM. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENT(S): PETITIONERS ---------------------------------------------- 1. K.C.PONNACHAN,THALATHALAYIL, KIZHAKKANMUTTU,KUTTAPPUZHA PO,THIRUVALLA. 2. T.M.ZACHARIA,THOPPIL KALATHIL(H), THIRUVALLA. 3. THE SENIOR DIVISIONAL MANAGER(CLAIMS), LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE,JEEVAN PRAKASH, NAGAMPADOM, KOTTAYAM. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== R.P. No.1050 of 2010 in W.P(C) No.37135 of 2009 ==================================== Dated this the 10th day of February, 2011 O R D E R This petition is for review of judgment dated July 14, 2010 in W.P(C) No.37135 of 2009. That Writ Petition was disposed of taking note of the submission made by the learned Senior Advocate appearing for the petitioners in the Writ Petition that an application for review is pending in the court below. Petitioners in the Writ Petition have filed this petition pointing out that there was a mistake in making the submission that an application for review is pending in the trial court. It is submitted that no such application for review is pending in the court below. I have heard learned counsel on both sides. 2. It is on account of a wrong information that it was submitted before this Court that review petition is pending in the court below and this Court disposed of the Writ Petition in the light of that submission. But it is sufficient that petitioners are permitted to file an application for review in the court below subject of course to the law of limitation and the provision for condonation of delay as provided in the Limitation Act. R.P. No.1050 of 2010 in W.P(C) No.37135 of 2009 -: 2 :- Resultantly, this petition is allowed to the extent that the observations in the judgment dated July 14, 2010 regarding pendency of the review petition in the court below will stand deleted from the judgment. Instead it is made clear that it will be open to the petitioners to file application for review in the court below if they are otherwise entitled to and subject to the law of limitation as also the provision for condonation of delay. In the circumstances of the case I direct that while reckoning the period of limitation the period of pendency of the Writ Petition in this Court shall be excluded. THOMAS P. JOSEPH, JUDGE. vsv