KRISHNAN V J Vs. MANAGING COMMITTEE ERATTAKULANGARA

JUDGEMENT

(1.) Respondents 1 and 2 in OP (C) No. 972 of 2010 filed this Review Petition seeking to review the judgment dated 14/02/2011. As per the judgment, the Original Petition was allowed and the order challenged in the Original Petition was set aside. The Receiver was discharged. Certain directions were also issued in the judgment in the Original Petition.

(2.) The contention of the review petitioners is that the order passed by the Court below was an appealable order under O.43 R.1(s) of the Code of Civil Procedure and, therefore, the Original Petition should not have been entertained. Such a contention was not put forward at the time when the Original Petition was taken up for hearing and both parties argued the case in detail touching upon the merits of the case.

(3.) Learned counsel appearing for respondents 1 to 10 in the Review Petition, who are the petitioners in the Original Petition, contended that the Original Petition was maintainable and, therefore, the judgment is not liable to be reviewed.