PHILOMINA Vs. HIGHLES MIRANDA

JUDGEMENT

(1.) R.P.No. 828 of 2020 has been preferred seeking to review the judgment dated 12.10.2020 in Cont. Case (C) No.1399 of 2020 and R.P.No. 919 of 2020 has been preferred by a person who was not a party to the case. Leave was granted to the petitioner in R.P.No.919 of 2020. Both these petitions are taken up together for the purpose of disposal.

(2.) I have heard Sri. M.V.Thampan, the learned counsel appearing for the petitioners and Sri. Liju V. Stephen, the learned counsel appearing for the 1st respondent in these petitions.

(3.) These cases arise out of the judgment in W.P.(C) No. 12850 of 2020. By judgment dated 12.8.2020, this Court after detailed consideration of the rival submissions, came to the conclusion that Sri. Highles Miranda, the respondent in these review petitions, who is a senior citizen and the husband of the review petitioner No.1 in R.P.No. 828 of 2020 was entitled to live peaceably in the house bearing No. T.C.1/163 as ordered by the Maintenance Tribunal without any obstruction from the respondents therein. While disposing of the writ petition, this Court had held that the grown up daughter, her husband and grandmother will not be entitled to stay in the house to the exclusion of Sri.Highles Miranda. Later, he came up complaining that despite orders passed by this Court, he has not been permitted to reside in the building by the respondents in the writ petition. This Court by order dated 12.10.2020 had ordered the enforcement of the judgment and the Station House Officer, Thumba police station was ordered to ensure that no obstruction is caused to the peaceful residence of Sri. Highles Miranda in house No. T.C. 1/163. These review petitions are filed seeking to review the judgment.