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2026 Supreme(Online)(Ker) 17442

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
M.JOY VARGHESE – Appellant
Versus
ANGAMALY CHITTY FUND PVT.LTD. – Respondent
RP NO. 2 OF 2006 | CRP NO.2476 OF 1993



The court determined that the inability to serve notice and absence of petitioners warranted closure of the review petition.

Headnote:This review petition concerns the judgment dated 20.06.2005 concerning C.R.P filed by the 1st respondent that set aside the Principal Sub Court's order in O.S.No.261/1991. Review petitioners assert a record mistake as they were discharged following a settled claim. The court notes the unserviceable notice to the 1st respondent and the absence of petitioners, thus concluding the review. The final order states: "this review petition is closed."

Table of Content
1. petition regarding a prior judgment. (Para 1)
2. notice issues prevent further proceedings. (Para 2)

ORDER

This review petition is preferred against the judgment dated 20.06.2005, by which the C.R.P filed by the 1st respondent was allowed by setting aside the order dated 15.10.1993 of the Principal Sub Court, North Paravur, in I.A.No.6020/1993 in O.S.No.261/1991. Respondents 2 and 4 have filed this review petition contending that, there is a mistake on the face of the record that the amount cannot be ordered from the respondents in any respect. According to the revision petitioner, respondents 2 and 4 stands discharged since the 1st respondent had settled their claim against him.

2. This Court by order dated 10.10.2025 had ordered notice to the 1st respondent through the process server attached to the jurisdictional court. As per report dated 20.12.2025, the learned District Judge has reported that notice could not be served on the 1st respondent since the 1st respondent had wound up the business and the Managing Director has expired.

In such circumstances, this Court finds that, it will be impossible for this Court to proceed further in this review petition. Added to that, none appears for the review petitioners today. Hence, this review petition is closed.

Sd/-

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