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Divya M S vs Amith

Divya M S vs AMITH

Type Court Judgment Court Kerala Orders Decided Jun 05, 2023
~2 min read
https://sooperkanoon.com/case/1347470

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
RP/423/2023

Parties & Advocates

Appellant / Petitioner

Divya M S

Respondent

AMITH

Excerpt

.....years, s/o sudharman, now residing at nalumakkal house, mattathurkunnu p o, kodakara, thrissur pin - 680652 by adv. g.sreekumar (chelur) respondent/respondent/respondent: amith aged 39 years s/o soman, thandassery house, thrissur district-680 564 represented by his power of attorney holder soman, aged 65, s/o raman, thrissur district, pin - 680564by adv. dhanya p.ashokan this review petition having come up for admission on 05.06.2023, the court on the same day passed the following: r.p.no.423 of 2023 in o.p.(f.c.)no.758 of 2019orderanil k. narendran, j.the petitioner, who is the 1st respondent in o.p.(fc)no.758 of 2019, has filed this review petition invoking the provisions of section 114 andorder xlvii rule 1 of the code of civil procedure, 1908 seeking review ofthe judgment of this court in 09.11.2022 in that original petition.2. this review was filed along with c.m.application no.1 of 2023for condonation of delay of 57 days, which was condoned by the orderdated 27.03.2023.3. heard the learned counsel on both sides.4. during the course of arguments, the learned counsel for thepetitioner seeks permission to withdraw this review petition without prejudice to the right of the petitioner to move the family court with proper application. recording the aforesaid submission made by the learned counsel for the petitioner, this review petition is dismissed as withdrawn; however, without prejudice to the right of the petitioner to move the family court with a proper application. anil k. narendran p.g. ajithkumar dcs/05.06.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 5TH DAY OF JUNE 2023 / 15TH JYAISHTA, 1945 RP NO. 423 OF 2023 AGAINST THE JUDGMENT DATED 09.1.2022 IN OP(FC)NO.758 OF 2019 OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER/PETITIONER: DIVYA M S AGED 33 YEARS D/O SUKUMARAN, RESIDING IN THE ADDRESS MONEKKATU HOUSE, KANNARA DESOM, KANNARA P O, NEAR COMPANY PADY, PANANCHERRY VILLAGE, THRISSUR DISTRICT-PINCODE-680 652 REPRESENTED BY HER POWER ATTORNEY HOLDER AND HUSBAND SWAROOP N S, AGED 35 YEARS, S/O SUDHARMAN, NOW RESIDING AT NALUMAKKAL HOUSE, MATTATHURKUNNU P O, KODAKARA, THRISSUR PIN - 680652 BY ADV. G.SREEKUMAR (CHELUR) RESPONDENT/RESPONDENT/RESPONDENT: AMITH AGED 39 YEARS S/O SOMAN, THANDASSERY HOUSE, THRISSUR DISTRICT-680 564 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SOMAN, AGED 65, S/O RAMAN, THRISSUR DISTRICT, PIN - 680564

BY ADV. DHANYA P.ASHOKAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.NO.423 OF 2023 in O.P.(F.C.)NO.758 OF 2019

ORDER

Anil K. Narendran, J.

The petitioner, who is the 1st respondent in O.P.(FC)No.758 of 2019, has filed this review petition invoking the provisions of Section 114 and

Order XLVII Rule 1 of the Code of Civil Procedure, 1908 seeking review of

the judgment of this Court in 09.11.2022 in that original petition.

2. This review was filed along with C.M.Application No.1 of 2023

for condonation of delay of 57 days, which was condoned by the order

dated 27.03.2023.

3. Heard the learned counsel on both sides.

4. During the course of arguments, the learned counsel for the

petitioner seeks permission to withdraw this review petition without prejudice to the right of the petitioner to move the Family Court with proper application. Recording the aforesaid submission made by the learned counsel for the petitioner, this review petition is dismissed as withdrawn; however, without prejudice to the right of the petitioner to move the Family Court with a proper application. ANIL K. NARENDRAN P.G. AJITHKUMAR DCS/05.06.2023

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