Promod P.R. v. Lakshmi Vijay

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 RP.No. 756 of 2015 () IN -------------------------------- Tr.P(C) 614/2015 of THIS HONOURABLE COURT ------------------ REVIEW PETITIONER/1ST RESPONDENT/PETITIONER : ---------------------------------------------------------------------------- PROMOD P.R.

REVATHY HOUSE, VALLICODE P.O., VALLICODE VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT 689 659 BY ADVS.SRI.P.VIJAYAKUMAR SRI.C.R.REGHUNATHAN SRI.M.V.ASHIM SRI.R.BALAKRISHNAN SRI.B.HARRYLAL RESPONDENT/PETITIONER/1ST RESPONDENT :

------------------------------------------------------------------- LAKSHMI VIJAY,GALAZY HOMES BUILDING NO 33/125 NEAR PUNAKKAL TEMPLE, POOVAMPILLY LANE, ELAMAKKARA P.O., BY SRI.T.M.RAMAN KARTHA THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.KEMAL PASHA, J.

================ RP No. 756 of 2015 in Tr.P(C) 614 of 2014 ======================= Dated this the 15th day of September, 2015

O R D E R

The 1st respondent in Tr.P(C) No.614/2014 is the review petitioner herein. When order dated 13.07.2015 was passed by this Court, there was no representation for the review petitioner. It was in the absence of the learned counsel for the review petitioner, order dated 13.07.2015 was passed.

2. It has come out that the petitioner in the Tr.P(C) is presently working in Doha and she is not employed at Ernakulam. It was under the assumption that she is working at Ernakulam, this Court has passed the said order. It has come out that her parents are also in Doha. She only occasionally visits India. In such case, the Transfer Petition (Civil) can only be treated as a luxurious litigation

RP No. 756 of 2015 in Tr.P(C) 614 of 2014 by her to see the matter is proceeded with at Ernakulam, according to her choice, even though she is not anywhere in India. In such case, the aforesaid order passed by this Court is liable to be reviewed.

In the result, order dated 13.07.2015 passed by this Court is reviewed and Tr.P(C) No.614/2014 stands dismissed. The matter shall be proceeded with at the Family Court, Pathanamthitta. The court below shall not insist the personal appearance of the petitioner on the posting dates of the case except on the posting dates on which her personal presence is required.

Sd/- B.KEMAL PASHA, JUDGE stu //True copy// P.A to Judge