Kerala High Court
Cletus vs Stancy Edward on 7 August, 2025
1
RP 771/2025
2025:KER:60585
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
RP NO. 771 OF 2025
AGAINST THE JUDGMENT DATED 26.03.2025 IN OP(C) NO.1620 OF 2024 OF HIGH COURT
OF KERALA
REVIEW PETITIONER/S:
1 CLETUS, AGED 51 YEARS, S/O FRANCIS, KANICHERIL, ARINALLOOR, SOUTH,
THEVALAKKARA, KARUNAGAPPALLY, KOLLAM, PIN - 695018
2 SEBASTIAN, AGED 51 YEARS, S/O. FRANCIS, KANICHENL, ARINALLOOR SOUTH,
THEVALAKKARA, KARUNAGAPPALLY, KOLLAM, PIN - 695018
3 JOSEPH CARLOS, AGED 45 YEARS, S/O CARLOS, LIJO BHAVANAM, ARINALLNOR
MART, ARINALLOOR PO, THEVALAKKARA, KARUNAGAPPALLY, KOLLAM, PIN -
695018
4 LEELA, AGED 40 YEARS, W/O JOSEPH CARLOS, LIJO BHAVANAM, ARINALLOOR
MART, ARINALLOOR PO, THEVALAKKARA, KARUNAGAPPALLY, KOLLAM, PIN -
695018
5 SNEHAMMA FRANKLIN @ MERCY, AGED 61 YEARS,W/O FRANKLIN, AIKKARAVILA
THEKKATHIL, ARINALLOOR SOUTH P O, THEVALAKKARA KARUNAGAPPALLY, KOLLAM,
PIN - 695018
6 SEEJA, AGED 35 YEARS,W/O. YESUDASAN (NIKHIL) AIKKARAVILA THEKKATHIL
ARINALLOOR SOUTH. ARINALLOOR PO THEVALAKKARA. KARUNAGAPPALLY, KOLLAM,
PIN - 695018
7 SOOSAMMA, AGED 42 YEARS, W/O EARNEST ANTONY, JIJO BHAVAN, ARINALLOOR.P
O THEVALAKKARA KARUNAGAPALLY, KOLLAM, PIN - 695018
8 LATHA @ PUSHPALATHA, AGED 51 YEARS, W/O JAMES ANTONY,
VELUTHEDATHUVILAVIL, ARINALLOOR MURI, ARINALLOOR. PO, THEVALAKKARA
KARUNAGAPPALLY, KOLLAM, PIN - 695018
9 JIJIMOL, AGED 47 YEARS, D/O. LAWRENCE, ANIKKUZHIYIL, ARINALLOOR MURI,
ARINALLOOR P.O , THEVALAKKARA, KARUNAGAPPALLY, KOLLAM, PIN - 695018
10 JASSY, AGED 70 YEARS, W/O MILQUARE THOMAS OTTAPLAVILA, ARINALLOOR
MURI, ARINALLOOR P.O , THEVALAKKARA, KARUNAGAPALLY, KOLLAM, PIN -
695018
BY SRI.HARISH GOPINATH
SMT.SURUMI NAZAR
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RP 771/2025
2025:KER:60585
RESPONDENT/S:
1 STANCY EDWARD, EDWARD BHAVAN, ARINALLOOR PO THEVALAKKARA.
KARUNAGAPPALLY, KOLLAM, PIN - 695018
2 FR. AJAY KUMAR, EDWARD BHAVAN, ARINALLOOR PO THEVALAKKARA
KARUNAGAPPALLY, KOLLAM, PIN - 695018
3 ANIL KUMAR, EDWARD BHAVAN, ARINALLOOR PO THEVALAKKARA KARUNAGAPPALLY,
KOLLAM, PIN - 695018
4 ANNIE MARY, EDWARD BHAVAN, ARINALLOOR PO, THEVALAKKARA.
KARUNAGAPPALLY, KOLLAM, PIN - 695018
5 SANTHOSH, S/O GABRIEL THUNDAYYATHU HOUSE, ARINALLOOR, THEVALAKKARA
KARUNAGAPPALLY, KOLLAM, PIN - 695018
6 DAISY RAJAN, W/O SANTHOSH, THUNDAYYATHU HOUSE, ARINALLOOR,
THEVALAKKARA KARUNAGAPPALLY, KOLLAM, PIN - 695018
7 SHEEBA ANIL,W/O ANIL KUMAR, EDWARD BHAVAN, ARINALLOOR PO THEVALAKKARA
KARUNAGAPPALLY, KOLLAM
8 DILSHA ANIL D/O ANIL KUMAR, EDWARD BHAVAN, ARINALLOOR PO THEVALAKKARA
KARUNAGAPPALLY, KOLLAM)
9 ANUSHA ANIL,D/O ANIL KUMAR, EDWARD BHAVAN, ARINALLOOR PO THEVALAKKARA
KARUNAGAPPALLY, KOLLAM
(RESPONDENT NOS.7 TO 9 ARE IMPLEADED AS PER THE ORDER DATED 7/8/25 IN
RP.771 OF 2025)
BY SRI.K.P.ANTONY BINU
SRI.H.KIRAN
SRI SURESH KUMAR KODOTH
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.08.2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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RP 771/2025
2025:KER:60585
ORDER
(Dated this the 7th day of August 2025) The review petitioners are the petitioners in O.P.(C.) No.1620 of 2024. The O.P. was filed challenging Ext.P14 order in E.P.No.150 of 2011 by which the judgment debtors and additional judgment debtors are directed to be sent to civil prison for a period of one month for violating the decree. During the course of argument in the O.P., the respondents raised a contention that the review petitioners have earlier filed O.P.(C) No.1091 of 2024 challenging the impugned order and obtained a stay and thereafter, on 18.6.2024, a memo was filed stating that they do not wish to continue with the O.P. and prayed that reserving their right to approach this court, the Original Petition be dismissed. This court, acting on the memo, 4 RP 771/2025 2025:KER:60585 dismissed the O.P.No.1091 of 2024 as not pressed without giving liberty for approaching this court again.
2. While filing the present O.P., the review petitioners have not stated about the previous challenge and dismissal as not pressed. Therefore, the O.P. was dismissed holding that it is not maintainable in view of the specific bar under Order 23 CPC, as no liberty was given to approach this court again in the earlier round of litigation.
3. The review petitioners have filed R.P. No.617 of 2025 in O.P.No.1091 of 2024 and by order dated 26.5.2025 the original judgment in O.P.(C.) No.1091 of 2024 dated 18.6.2024 was reviewed and it was dismissed as not pressed with liberty to file a fresh petition. The counsel for review petitioners submits that in view of the liberty given in R.P.No.617 of 2025, this O.P. is maintainable and therefore, the same is an error 5 RP 771/2025 2025:KER:60585 apparent on the face of record which calls for an interference and dispose of the present O.P.(C) on merits.
4. The learned counsel for respondents vehemently opposes the same and submits that there is no error apparent on the face of the record and therefore, R.P is only to be dismissed. The counsel further contends that subsequent events cannot be acted upon for reviewing the judgment.
5. When R.P.No.617 of 2024 is allowed and the earlier judgment is modified, it relates back to the date of Original judgment. Therefore, the petitioners are given liberty to approach again impugning the same order. Moreover, the impugned order directs the petitioners to be sent to civil prison for a period of one month for violating the decree. The review petitioners are before this court only to challenge the order directing them to put in civil prison. When personal liberty is 6 RP 771/2025 2025:KER:60585 at stake, the review petitioners should be given an opportunity to contest the case on merits. Order 47 Rule 1 CPC gives power to review the order, if the order is made on account of some mistake or error apparent on the face of the record or for any other sufficient reasons. As discussed earlier, because of the review of the earlier judgment and considering that the petitioners' liberty is at stake, I am of the considered opinion that the judgment is to be reviewed and I do so.
In the result, this R.P. is allowed, the judgment dated 26.3.2025 in O.P.(C) No.1620 of 2024 is recalled.
SD/-
BASANT BALAJI, JUDGE dl/ 7 RP 771/2025 2025:KER:60585 APPENDIX OF RP 771/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 26/05/2025 IN RP NO 617 OF 2025 ON THE FILE OF THIS HONOURABLE COURT