LAWS(KER)-2023-5-127

ESIYA P. Vs. RAHEENA

Decided On May 22, 2023
Esiya P. Appellant
V/S
Raheena Respondents

JUDGEMENT

(1.) This is a petition for review filed under Order XLVII, Rule 1 of the Code of Civil Procedure, 1908. The petitioner is the appellant in Mat. Appeal (Exe.) No.3 of 2022. The appeal was dismissed by judgment dtd. 13/3/2023. The said judgment is sought to be reviewed.

(2.) In the light of the submission of the learned counsel appearing for the petitioner that the learned counsel appeared for the respondents in the appeal refused to accept the notice on the ground that he had already returned the file to the respondents, notice on admission was directed to be served on the respondents by Special Messenger. Service of notice on the 2nd respondent, who is the judgment debtor, was dispensed with for the time being. Despite receipt of notice, respondent Nos.1 and 3 did not choose to appear before the Court.

(3.) Heard the learned counsel appearing for the petitioner in detail.