Ravi Kumar vs Sivathanu

Type Court Judgment Court Kerala Orders Decided Feb 14, 2023

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Citation: sooperkanoon.com/1381083
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Feb 14, 2023
Case Number: CRP/321/2021

Parties & Advocates

Appellant / Petitioner

Ravi Kumar

Respondent

Sivathanu

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice c.s.dias tuesday, the 14th day of february 2023 / 25th magha, 1944 crp no. 321 of 2021 against the judgment in cma 4/2021 of sub court,neyyattinkara r.p no.124/2020 and ia 1/2020 in os 339/2013 of principal munsiff court ,neyyattinkara revision petitioner/appellant/plaintiff: ravi kumar aged 62 years s/o.rajasekharan, sivalayam, ottatheruvu, athiyanoor village, balaramapuram p.o., thiruvananthapuram - 695 501. by adv m.r.sarin respondent/respondent/defendant: sivathanu s/o.arunachalam, narayanil vilasom, varuvilakathu veedu, ottatheruvu, athiyanoor village, balaramapuram p.o., thiruvananthpauram district - 695 501.by advs. r.t.pradeep m.bindudas k.c.harish this civil revision petition having come up for admission on 14.02.2023, the court on the same day delivered the following: crp no. 321 of 2021 2 dated this the 14th day of february, 2023orderthe learned counsel appearing for the petitioner submits that in view of the law laid down by this court in thilakan v. kunhalankutty [2004 (1) klt 235] that arevision petition is not maintainable against a judgmentpassed in civil miscellaneous appeal, the petitioner is desirous of withdrawing the revision petition, without prejudice to his right to file an appropriate proceeding. the said submission is recorded and the revision petition is dismissed as withdrawn. sd/- c.s.dias, judge rmm14/02/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 CRP NO. 321 OF 2021 AGAINST THE JUDGMENT IN CMA 4/2021 OF SUB COURT,NEYYATTINKARA R.P NO.124/2020 AND IA 1/2020 IN OS 339/2013 OF PRINCIPAL MUNSIFF COURT ,NEYYATTINKARA REVISION PETITIONER/APPELLANT/PLAINTIFF: RAVI KUMAR AGED 62 YEARS S/O.RAJASEKHARAN, SIVALAYAM, OTTATHERUVU, ATHIYANOOR VILLAGE, BALARAMAPURAM P.O., THIRUVANANTHAPURAM - 695 501. BY ADV M.R.SARIN RESPONDENT/RESPONDENT/DEFENDANT: SIVATHANU S/O.ARUNACHALAM, NARAYANIL VILASOM, VARUVILAKATHU VEEDU, OTTATHERUVU, ATHIYANOOR VILLAGE, BALARAMAPURAM P.O., THIRUVANANTHPAURAM DISTRICT - 695 501.

BY ADVS. R.T.PRADEEP M.BINDUDAS K.C.HARISH THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRP NO. 321 OF 2021 2 Dated this the 14th day of February, 2023

ORDER

The learned counsel appearing for the petitioner submits that in view of the law laid down by this Court in Thilakan v. Kunhalankutty [2004 (1) KLT 235] that a

revision petition is not maintainable against a judgment

passed in Civil Miscellaneous Appeal, the petitioner is desirous of withdrawing the revision petition, without prejudice to his right to file an appropriate proceeding. The said submission is recorded and the revision petition is dismissed as withdrawn. Sd/- C.S.DIAS, JUDGE rmm14/02/2023

Same Court & Year Kerala Orders · 2023 Same Parties Ravi Kumar vs Sivathanu Same Judge Honourable Mr.Justice C.S.Dias