IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 RP.No. 393 of 2009(S) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1433/2009 Dated 31/03/2009 .................... REVIEW PETITIONER(S)/PETITIONER: ---------------------- M.V. UNNIKRISHNAN, MEETHALA, VALAPPIL HOUSE, P.O. EDAKKAD, EDAKKAD DESOM, KANNUR. BY ADV. SRI.RAJESH P.NAIR RESPONDENT(S)/RESPONDENT: --------------- K.P. SHEEJA, KAKKADATH PALAT HOUSE, BEYPORE NORTH P.O., KOZHIKODE. BY ADV. SRI. V.V. SURENDRAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P. NO. 393/2009 1 R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- REVIEW PETITION NO. 393 OF 2009 --------------------------------------------------------- Dated this the 8th day of April, 2009 O R D E R Basant, J. This petition is for review. This Court had indulgently set aside the ex parte order on condition that the petitioner deposits an amount of Rs.15,000/- on or before 30.4.2009. To help the petitioner, we directed that the said amount need not be reckoned as costs and is to be adjusted towards arrears of maintenance which, it was submitted, was there. 2. This Review Petition is now filed stating that actually there is no amount in arrears and hence the direction for payment of Rs.15,000/- deserves to be modified. If at all any modification is necessary, we need only direct that the said amount of Rs.15,000/- shall be reckoned as costs and price for getting the ex parte order set aside. But we find that there are other disputes also. The original order passed under Section 125 Cr.P.C. has been modified by a subsequent order under Section 127 Cr.P.C. That R.P. NO. 393/2009 2 order under Section 127 Cr.P.C. is under challenge. If the order passed under Section 127 Cr. P.C. is taken into account, there is admittedly arrears. We need only observe now that the amount of Rs.15,000/-, if deposited as directed, shall be credited to arrears of liability, if any, or future amounts payable. 3. With this observation, the Review Petition is dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ R.P. NO. 393/2009 3 R. BASANT & C.T. RAVIKUMAR, JJ. REVIEW PETITION NO. 393/2009 O R D E R 8th April, 2009 R.P. NO. 393/2009 4