Raseena vs Sameer - 2022 Supreme(Ker) 1029

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ker) 1029

M. R. ANITHA
Raseena – Appellant
Versus
Sameer – Respondent

Advocates Appeared:
For the Petitioner: P. Viswanathan (SR.), Shibu Joseph, Ajith Viswanathan, Sayed Mansoor Bafakhy Thangal, Jeffin John, M. Sriram.
For the Respondent: Babu Karukapadath, M.A. Vaheeda Babu, P.U. Vinod Kumar, Mohamed Hisham P., P. Lakshmi, Arya Raghunath, T.M. Muhammed Musthaq, Karukapadath Wazim Babu.

ORDER :

This review petition has been filed against the judgment in R.S.A.No.644 of 2021 dated 25.10.2021 dismissing the R.S.A. filed by the review petitioners/appellants 1 to 6/defendants 1 to 6. Since the 5th appellant is abroad he has been made as 10th respondent in the review petition.

2. R.S.A has been filed against the judgment and decree in A.S.No.51/2014 on the file of Subordinate Judge's Court, Tirur which arise out of judgment and decree in O.S.No.256/2011 dated 11.04.2011 on the file of Munsiff's Court, Parappanangadi. The parties would hereinafter be referred as per their rank in O.S.No.256/2011. O.S.No.256/2011 has been filed by the plaintiff against the defendants 1 to 6, 7, 8, 9 and 10 seeking for eviction of defendants 1 to 6 from the plaint schedule property. The case of the plaintiff is that he purchased the plaint schedule property from defendants 9 and 10 as per document Nos.1684/2010 and 1683/2010 of Thanoor Sub Registry. But, at the time of purchase, defendants 9 and 10 as well as defendants 1 to 6 were residing in the house in item No.2 of plaint schedule property. Defendants 9 and 10 requested the plaintiff to reside in the house till the 8th defendant comes f