IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 CRP.No. 207 of 2009 D OP.9/2009 of II ADDL. DISTRICT COURT, THIRUVANANTHAPURAM REVN. PETITIONERS: COUNTER PETITIONERS 1,3, 5 AND 6 ----------------------------------------------------- 1. RAMLATH MEMORIAL CHARITABLE TRUST, SIMI MAHAL, PUTHUKURICHY.P.O, THIRUVANANTHAPURAM, REPRESENTED BY ASUMA BEEVI @ ASMA BEEVI, D/O. ABDUL RAHMAN, 2ND FLOOR OF A.J. APARTMENTS, KAZHAKKUTTOM VILLAGE, KAZHAKKUTTOM.P.O, THIRUVANANTHAPURAM-82. 2. ASUMA BEEVI @ ASMA BEEVI, D/O. ABDUL RAHMAN, 2ND FLOOR OF A.J. APARTMENTS, KAZHAKKUTTOM VILLAGE, KAZHAKKUTTOM.P.O, THIRUVANANTHAPURAM-82. 3. SUMA JABBAR, D/O. MUHAMMED ABDUL JABBAR ABDUL RAZAK, AGED 8 YEARS (MINOR),REPRESENTED BY ASUMA BEEVI, 2ND FLOOR OF A.J. APARTMENTS, KAZHAKKUTTOM VILLAGE, KAZHAKKUTTOM.P.O, THIRUVANANTHAPURAM-82. 4. SIMI JABBAR, D/O.MUHAMMED ABDUL JABBAR ABDUL RAZAK, AGED 5 YEARS (MINOR),REPRESENTED BY ASUMA BEEVI, 2ND FLOOR OF A.J. APARTMENTS, KAZHAKKUTTOM VILLAGE, KAZHAKKUTTOM.P.O, THIRUVANANTHAPURAM-82. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: PETITIONERS 1 TO 4 AND COUNT.PETITIONERS 2 AND 4 --------------------------------------------------------------- 1. PEERUKANNU, S/O. IBRAHIM, MARAKKAM VILAKOM, PUTHUKURICHY.P.O, THIRUVANANTHAPURAM. 2. SAJEENA.K, D/O. KHASIM, SAJEENA MANZIL, PUTHUKURICHY.P.O, THIRUVANANTHAPURAM. 3. MUHAMMED BASHEER, S/O. MUHAMMED, MAGARIB HOUSE, KADUVAKUZHY, ARYANADU.P.O. 4. V.P. NEPOLIAN, S/O.V.P. PATHROSE, KODIKKATTIL, PUTHUKURICHY.P.O, THIRUVANANTHAPURAM, NOW RESIDING AT T.C. 14/1546, ANITHA SANKAR ROAD, KANNANMOOLA, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. 5. SOFIA BEEVI, W/O. SUBAI, THONALI VEEDU, KAZHAKKUTTOM.P.O, THIRUVANANTHAPURAM. 6. USMANKOYA, S/O. ABDUL REGHUMAN, IST FLOR OF A.J. PARTMENTS, KAZHAKUTTOM VILLAGE, KAZHAKUTTOM.P.O, THIRUVANANTHAPURAM - 82. R1 TO R4 BY ADV. SRI.S.CHANDRASENAN SRI.R.S.SARAT THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ C.R.P. NO. 207 OF 2009 D ------------------------------------------------------ Dated this the 2nd April, 2009 O R D E R The revision petitioners are respondents 1, 3, 5 and 6 in O.P.No.9 of 2009, on the file of the Court of the II Additional District Judge, Thiruvananthapuram. The Original Petition was filed by respondents 1 to 4, seeking leave to institute the suit under Section 92 of the Code of Civil Procedure. Notice was issued to the respondents in the Original Petition. The date for first appearance was on 13.1.2009. The revision petitioners appeared on that date before the court below. It is stated that they prayed for time to file counter. The Original Petition was disposed of on the next day, namely, 14.1.2009, granting leave. It is true that for granting leave, it is not necessary to issue notice to the respondents and even without notice, the Court can grant leave. In such cases, the respondents in the Original Petition would be entitled to apply for revoking the leave. In this case, notice was issued to the respondents in the Original Petition. They entered appearance and leave was granted thereafter. Thereby, the respondents in the Original Petition lost a chance to apply for revoking the leave. No effective and meaningful opportunity was granted to the respondents in the Original Petition to file counter and to contest the case. C.R.P. NO. 207 OF 2009 :: 2 :: In the facts and circumstances of the case, the Civil Revision Petition is allowed and the order impugned is set aside. The court below shall dispose of the application afresh in accordance with law. (K.T.SANKARAN) Judge ahz/