T A HAMEED Vs. M VISWANATHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Learned counsel for the parties submit that the parties have compromised the matter and, therefore, the present appeal has become infructuous.

(2.) The appeal is dismissed as having become infructuous. No order as to costs.

(3.) This appeal by special leave is directed against the judgment and order dated 31.1.2003 passed by the Full Bench of the Kerala High Court in CRP No. 234/1997 whereby the learned Full Bench has answered the question referred to it by the Division Bench and while answering the question referred to it, the Full Bench itself decided the case on merits. The grievance of the appellant herein is that in view of the law laid down by this Court in the case of Kesho Nath Khurana Vs. Union of India and Others 1981 (Supp) SCC 38 and Kerala State Science & Technology Museum Vs. Rambal Co. and Others (2006) 6 SCC 258, the Full Bench should not have gone on the merits of the matter and the Full Bench should have after answering the reference remitted the matter back to the Division Bench for deciding the Civil Revision Petition.