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2026 Supreme(Online)(Ker) 33326
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Abdul Naheem A – Appellant
Versus
Chemnad Grama Panchayat – Respondent
RP NO. 494 OF 2026
Advocates:
For the Appellants/Petitioners: Salim Kumar A, Akhil J.K.
For the Respondents: K Janardhana Shenoy, M S Imthiyaz Ahammed, Kodoth Sreedhararn
For the Appellants/Petitioners: Salim Kumar A, Akhil J.K.
For the Respondents: K Janardhana Shenoy, M S Imthiyaz Ahammed, Kodoth Sreedhararn
A judgment may be reviewed and recalled when a party demonstrates that a material fact—specifically the status of an underlying interim order—was not brought to the Court's notice at the time of the initial hearing.
Headnote:The petitioner filed this review petition seeking to recall an earlier judgment due to a failure to bring crucial facts regarding the status of an interim order in a civil suit to the attention of the court. The court examined the contention that the relevant interim order was already vacated. The core issue is whether the omission of the fact regarding the vacated interim order warrants a review of the previous judgment. The court focused on the necessity of ensuring that proceedings are conducted based on accurate factual representations, identifying it as a sufficient ground for reconsideration. The court allowed the review petition and recalled the judgment dated 19.02.2026, ordering the writ petition to be restored for further consideration.
ORDER
This review petition is filed to review the judgment dated
19.02.2026 in WP(C) No.6262/2025. The main contention of the petitioner is that there is no interim order in the suit and the interim order is already vacated. The same was not brought to the notice of this Court at the time of hearing the writ petition.
Considering the facts and circumstances, I think the review petition can be allowed.
Therefore, this review petition is allowed. The judgment dated
19.02.2026 in WP(C) No.6262/202 is recalled. The writ petition is restored to file.
