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2026 Supreme(Online)(Ker) 26123

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J
RAMESHAN B – Appellant
Versus
VINOD KUMAR – Respondent
RP NO. 480 OF 2026|WP(C) NO.3796 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.D.ANIL KUMAR
For the Respondents: SMT.DEEPA V, GP

Review allowed for recalling judgment due to overlooked prior interim order and pending suit.

Headnote:The review petition challenges the judgment in the writ petition on grounds that prior proceedings, including an interim order in WP

(C) No.32821/2023 and a pending suit between parties, were overlooked. The court found these material aspects unconsidered in disposing the writ petition. The court determined that recall was warranted for fresh hearing. The core issue was whether overlooked prior proceedings justified review. The ratio decidendi holds that failure to consider pending related litigation and interim orders constitutes sufficient grounds for recalling the judgment to ensure complete adjudication. Review petition allowed; judgment dated 27.02.2026 in WP

(C) No.3796/2026 recalled; writ petition restored to file.

ORDER

This review petition is filed to review the judgment dated 27.02.2026 in WP(C) No.3796/2026. The review petitioner who is a third party submitted that there was a writ petition pending before this Court as WP(C) No.32821/2023 and there was an interim order passed in that case. It is also submitted that a suit is pending between the same parties. These aspects were not considered by this Court while disposing the writ petition. Therefore I am of the considered opinion that the judgment is to be recalled and the writ petition is to be heard afresh.

Therefore, this review petition is allowed. The judgment dated 27.02.2026 in WP(C) No.3796/2026 is recalled. The writ petition is restored to file.

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