JOHN D SOUZA Vs. VIJAYA BANK

JUDGEMENT

(1.) THIS petition is filed seeking to review the order dated 7-7-2003 passed in W. P. No. 249971997. Along with the review petition certain documents are produced to substantiate the tenancy claim. The first respondent has filed objections to the review petition

(2.) MR. S. R. Goutham, learned Counsel for the first respondent-Vijaya Bank submits that the review petition so not maintainable. He further submits that the documents now produced were not produced in the writ petition and even objections statements was also not filed. According to the learned Counsel, Annexure-D clearly shows that the nature of the land had been changed long back. He submits that since this Court has remanded the matter for fresh disposal with liberty to the parties to produce the documents, no prejudice is caused to seek review of the order. The learned Counsel also pointed-out that the order of the Land Tribunal is dissenting in which the Chairman and two Members favoured the applicant but the other two Members did not sign the proceedings resulting in violation of Rule 17 (8) of the Karnataka Land Reforms Rules. The learned Counsel, in the circumstances, justifies the remand order and prays for dismissal of the review petition.

(3.) HAVING heard the learned Counsel for the parties, I have perused the documents produced now. I am of the view that it is a fit case to allow the review petition for the following reasons: