Don Paul vs Tisa Don

Type Court Judgment Court Kerala Decided Oct 12, 2023

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https://sooperkanoon.com/case/1392824

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Citation: sooperkanoon.com/1392824
Court: Kerala High Court
Judge: Honourable Mr. Justice Amit Rawal,Honourable Mrs. Justice C.S. Sudha
Decided On: Oct 12, 2023
Case Number: RP/999/2023

Parties & Advocates

Appellant / Petitioner

Don Paul

Respondent

Tisa Don

Excerpt

.....the court on the same day delivered the following: amit rawal & c.s.sudha, jj. ------------------------------------------------------- r.p.no.999 of 2023 ---------------------------------------------------- dated this the 12th day of october, 2023orderamit rawal, j.1. we had on 07.09.2023 disposed of the matrimonialexecution appeal on the premise that the dispute was with regard to the execution of the order pertaining to granting the custody of the child. however, while giving liberty to parties to seek appropriate remedy either way of execution, this court remained oblivious of the order 31.05.2023 whereby while granting the custody of the child to the judgment debtor, execution petition was disposed of. it is the reason for filing the review petition. we are of the view that it is a fit case whereorder passed by this court granting liberty to the appellant totake appropriate measures for implementation of the orderrequires to be recalled.2. issue notice to respondent.3. learned counsel submits that there is a mistake. inthis view of the matter, the order dated 07.09.2023 is recalled. review petition stands disposed of. matrimonial execution application no.7/2023 restored to its original number. amit rawal c.s.sudha nak appendix of rp 999/2023 respondent annexures annexure r1 the true photocopy of original petition no. 1353/2023 filed by the respondent before the hon'ble family court at ettumanoor

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945 AGAINST THE ORDER/JUDGMENT MA (EXE.) 7/2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANT: DON PAUL AGED 40 YEARS S/O. PAUL PAUL, THENGUMPALLY HOUSE, MANJOOR P.O. KOTHANALLOOR VILLAGE, KOTTAYAM, PIN - 686603 M.A.SULFIA ABDUL JALEEL.A THUSHARA C PULICKEL RESPONDENT/RESPONDENT: TISA DON AGED 35 YEARS D/O. GEORGE KUIAKOSE, PALACKAL HOUSE, BUS STAND ROAD, VAIKOM P.O. KOTTAYAM DISTRICT, PIN - 686141 ABRAHAM P.GEORGE M.SANTHY(K/001410/1999) JOHNY THOMAS(K/603/2006) M.B.RATHEESH(K/000095/2017) JOSE K.V.(K/325/2022) AKASH PHILIP(K/1212/2023) ELSA JACOB(K/1507/2023) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMIT RAWAL & C.S.SUDHA, JJ. ------------------------------------------------------- R.P.No.999 of 2023 ---------------------------------------------------- Dated this the 12th day of October, 2023

ORDER

Amit Rawal, J.

1. We had on 07.09.2023 disposed of the Matrimonial

Execution Appeal on the premise that the dispute was with regard to the execution of the order pertaining to granting the custody of the child. However, while giving liberty to parties to seek appropriate remedy either way of execution, this Court remained oblivious of the order 31.05.2023 whereby while granting the custody of the child to the judgment debtor, Execution Petition was disposed of. It is the reason for filing the review petition. We are of the view that it is a fit case where

order passed by this Court granting liberty to the appellant to

take appropriate measures for implementation of the order

requires to be recalled.

2. Issue notice to respondent.

3. Learned counsel submits that there is a mistake. In

this view of the matter, the order dated 07.09.2023 is recalled. Review petition stands disposed of. Matrimonial Execution Application No.7/2023 restored to its original number. AMIT RAWAL C.S.SUDHA nak APPENDIX OF RP 999/2023 RESPONDENT ANNEXURES ANNEXURE R1 THE TRUE PHOTOCOPY OF ORIGINAL PETITION NO. 1353/2023 FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT AT ETTUMANOOR

Same Court & Year Kerala · 2023 Same Parties Don Paul vs Tisa Don Same Judge Honourable Mr. Justice Amit Rawal,Honourable Mrs. Justice C.S...