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2026 Supreme(Online)(Ker) 33408

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
Abdul Kahar M. – Appellant
Versus
Kerala State Beverages (M & M) Corporation Ltd. – Respondent
RP No. 575 of 2026|WP(C) No. 14110 of 2026

Advocates:
For the Appellants/Petitioners: Deepu Thankan, Ummul Fida, Lakshmi Sreedhar, Pooja Chandran, Gayathri G., T. J. Jubil
For the Respondents: Haritha V.A.

A judgment may be recalled and a petition restored if the court was unaware of material developments, such as the granting of relief, which rendered the original subject matter moot or infructuous at the time of the initial adjudication.

Headnote:The Review Petition is filed requesting a recall of the Court’s previous judgment dated 07.04.2026 on the ground that the relief sought in the original writ petition had already been granted to the petitioners during its pendency. The omission to bring this information to the attention of the Court led the petitioners to acknowledge the resolution of their grievances. The issue for determination was whether the judgment ought to be recalled given that the subject matter of the writ petition had been rendered infructuous due to the granting of relief. The Court exercised its discretion under review jurisdiction to rectify the previous order upon the petitioners' submission requesting the withdrawal of the original writ petition. The Court recalled the judgment dated 07.04.2026 and ordered the restoration of the original writ petition to the file.

Table of Content
1. court’s authority to recall its judgment upon discovery of previously omitted material facts. (Para 1 , 2)

O R D E R

This review petition is filed seeking to review the judgment of this Court dated 07.04.2026 in WP(C) No.14110 of 2026. The learned Counsel for the petitioners submits that during pendency of the writ petition, all the reliefs sought for in the writ petition have already been granted, but due to an inadvertant omission, the said aspect could not be brought to the notice of this Court, while judgment dated 07.04.2026 is delivered and, that the petitioners propose to withdraw the writ petition in the light of the reliefs already granted to them.

2. Taking into consideration the aforesaid submissions made by the learned Counsel for the petitioners, the judgment dated dated 07.04.2026 in WP(C)

No.14110 of 2026 is recalled and WP(C) No. 14110 of 2026 is restored to file.

The review petition is allowed.

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2026 Supreme(Online)(Ker) 33408

IN THE HIGH COURT OF KERALA AT ERNAKULAMViju Abraham, JAbdul Kahar M. – AppellantVersusKerala State Beverages (M & M) Corporation Ltd. – RespondentRP No. 575 of 2026|WP(C) No. 14110 of 2026

A judgment may be recalled and a petition restored if the court was unaware of material developments, such as the granting of relief, which rendered the original subject matter moot or infructuous at the time of the initial adjudication.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
Abdul Kahar M. – Appellant
Versus
Kerala State Beverages (M & M) Corporation Ltd. – Respondent
RP No. 575 of 2026|WP(C) No. 14110 of 2026