SHINE AUGUSTINE Vs. BERNARD MANUEL @ ROY

JUDGEMENT

(1.) THIS petition is for review of judgment dated 13.02.2013 in O.P (C).No.243 of 2013 whereby this Court ordered attachment of property of review petitioner(second respondent in O.P(C).No.243 of 2013).

(2.) LEARNED counsel for review petitioner submits that this Court while disposing of O.P(C).No.243 of 2013 has not gone through the relevant records and the relevant position of law, nor was informed of the real facts of the case and hence the judgment is to be reviewed. A further contention raised is that this Court has not considered the decision in Ramrameswari Devi Vs. Nirmala Devi (2011 KHC 4540) while disposing of the original petition.

(3.) ACCORDING to the review petitioner, the agreement based on which respondents have laid the suit for recovery of damages and license fee is unenforceable for the reason that 25 Acres out of the 110 Acres involved in that agreement is forest land concerning which this Court and the Forest Tribunal has ordered status quo to be maintained and that question is still remaining to be decided. According to the learned counsel, the documents relied on by the respondents in the trial court are forged even as admitted by them. A further contention is that source of information of alleged attempt on the part of petitioner to sell the property is not disclosed and that in the nature of allegation made in the application respondents are not entitled to the attachment prayed for. The Court had to refer to the documents which respondents have relied on. Reliance is place on the decisions in Raman Tech & Process Engg.Co & Anr. Vs. Solanki Traders (2008(2) SCC 302), Anilkumar Vs. Vinodkumar (2010(3) KLT SN 61) and Ramrameswari Devi Vs. Nirmala Devi (supra). It is also pointed out that this Court had issued notice to the review petitioner on 21.01.2013 to show cause why he shall not furnish security within three weeks, that period expired on 11.02.2013, review petitioner had filed counter on 11.02.2013 and this Court disposed of the original petition on 13.02.2013.