Mh1oa Mystic Height Owner'S Association v. Prakash Karunakaran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 RP.No. 846 of 2015 IN WA.898/2015 -------------------------------------- AGAINST THE JUDGMENT IN WA 898/2015 of HIGH COURT OF KERALA DATED 02-07-2015 REVIEW PETITIONERS/RESPONDENT 1 & 2:
1. MH1OA MYSTIC HEIGHT OWNERS' ASSOCIATION REGD OFFICE AT GROUND FLOOR, SHWAS MYSTIC HEIGHTS 1 KANIYAMPUZHA ROAD, EROOR PO, TRIPUNITURA REPRESENTED BY ITS JOINT SECRETARY CAPT.(RETD)AYYAPPAN SATISH PILLAI , AGED 60 YEARS,S/O. LATE K. AYYAPPAN PILLAI, 38/2363 F, BL BLUE MOON APARTMENTS, GANDHI NAGAR KALOOR PO, ERNAKULAM-682 017
2. CAPT.(RETD) AYYAPPAN SATISH PILLAI, S/O LATE K. A. AYYAPPAN PILLAI, 38/2363 F BL BLUE MOON APARTMENTS GANDHI NAGAR, KALOOR PO ERNAKULAM-682 017 BY ADVS.SRI.T.KRISHNANUNNI (SR.) SRI.N.M.MADHU RESPONDENTS/APPELLANT AND RESPONDENTS 3 TO 5:
1. PRAKASH KARUNAKARAN NAIR, AGED 58YEARS, S/O KARUNAKARAN NAIR, MYSTIC HEIGHTS PHASE 2 FLAT NO. 4 C, KANIYAMPUZHA ROAD, VYTTILA COCHIN-682 019
2. THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, TRIPUNITHURA-62 301
3. THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD , EROOR TRIPNITURRA-682 301
4. M/S. SHWAS HOMES PRIVATE LIMITED GROUND FLOOR, MYSTIC HEIGHTS, KANIYAMPUZHA ROAD EROOR VILLAGE KANAYANNUR TALUKE RNAKULAM DISTRICT-682 306 REPRESENTED BY ITS DIRECTOR SREENI PARAMESWARAN R4 BY ADV. SRI.S.VINOD BHAT R4 BY ADV. SRI.LEGITH T.KOTTAKKAL R1 BY SRI.G.SREEKUMAR (CHELUR) R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.R. RAMACHANDRA MENON & BABU MATHEW P. JOSEPH, JJ.
============================== R.P.No. 846 of 2015 in W.A. No. 898 of 2015 ============================== Dated this the 9th day of November, 2015
ORDER
P.R. Ramachandra Menon,J.
The review petitioners (respondents 1 and 2 in the writ appeal) are before this Court apprehending that the dismissal of the writ petition with a cost of Rs.25,000/- ordered by this Court may be misinterpreted by the concerned parties in the pending proceedings before the civil court and hence a clarification is sought for to the effect that the observations made in the judgment in writ appeal will not affect the consideration of the issues involved in O.S.No.1005 of 2011 pending before the Munsiff Court, Ernakulam and also in R.S.A.No.576 of 2014 pending before this Court.
2. Heard Sri. T. Krishnanunni, learned senior counsel appearing for the review petitioners, Sri. G. Sreekumar, learned
RP 846/2015 counsel appearing for the 1st respondent and Sri. S.Vinod Bhat, learned counsel appearing for the 4th respondent. After hearing both the sides and after going through the judgment, we find that the verdict was passed by this Court deprecating the course and conduct of the parties who approached this Court by suppressing the material facts and obtaining favourable orders. It was in the said circumstances that the interference was declined and the judgment passed by the learned single Judge was set aside, dismissing the writ petition with cost of Rs.25,000/-.
3. The observations made were only to sustain the said finding and the reasoning, referring to the proceedings pending before the civil court as well as before this Court, especially with regard to the nature of prayers raised in relief Nos. L & N, as observed by paragraph 14 of the judgment in W.A.No.898 of 2015. In other words, this Court did not intend to deal with the rights and liberties of the parties concerned. The issues pending consideration before the appropriate court are to be considered and decided on the basis of the pleadings and evidence. This Court makes it clear that the judgment in the writ appeal was never intended to declare the rights and liberties of the parties
RP 846/2015 concerned. It is open for the parties to substantiate the facts and figures before the appropriate court based on the pleadings and evidence as aforesaid.
The review petition is disposed of accordingly. Sd/- P.R. RAMACHANDRA MENON JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE ks.
True copy P.S. (Hr.Gr.)To Judge