High CourtsSingle Bench(2022) 01 KL CK 0072

C.J's Haritha Homes Square Centre vs Sri. C.R.Suresh S/o Raghavan

High Court Of Kerala · Decided on 13 January 2022

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Allowed
CASE NUMBER
Review Petition No. 41 Of 2022 In Writ Petition (C) No. 5870 Of 2020

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Judgment

11 paragraphs · 211 words

P.V.Kunhikrishnan, J.

1.

This review petition is filed seeking an order to review the judgment dated 07.12.2021 in W.P.(C). No.5870 of 2020. According to the petitioners,

the judgment sought to be reviewed happened to pass because of the fact that neither the petitioners nor their counsel was aware of Section 43(5) of

the Real Estate (Regulations and Developments) Act, 2016 by which pre-deposit of the amount is necessary. The learned counsel for the petitioners

takes me through Rule 37(2)(e) of the Real Estate (Regulation and Development) Rules, 2018 and also takes me through Ext.P2 notice and Ext.P6

order passed by the authority. Exts.P2 and P6 are on the same day. The above point is not considered by this Court while passing the judgment.

2.

Considering the entire facts and circumstances of the case and also in the light of the submission by the learned counsel for the petitioners that it is

a mistake committed by him while arguing the writ petition, I think, in the interest of justice, the review petition can be allowed and the judgment

passed in the writ petition can be recalled.

Therefore, the review petition is allowed and the judgment dated 07.12.2021 in W.P.(C). No.5870 of 2020 is recalled.

Issue a copy of this order today itself.