S A R SOMASUNDARAM Vs. CIBIRAJ

JUDGEMENT

(1.) F.M. Ibrahim Kalifulla, J.

(2.) IN this Review Application, the main contention of the learned Counsel for the Applicants is that since the Special Leave Petitions against the order under review came to be dismissed in limine at the admission stage, the Doctrine of Merger will not Apply and therefore this Court can examine the review applied for by the Applicants. The learned Counsel for the Applicants relied upon the decision of the Hon-ble Supreme Court reported in Kunhayammed v. State of Kerala, 2000 (6) SCC 359, in support of his submissions.

(3.) THE learned Counsel further submitted that to show their bona fides, the Applicants are willing to deposit a sum of Rs. 10,00,000/- in fixed deposit in the name of the First Respondent apart from offering a sum of Rs. 1,00,000/- by way of demand draft straight-away and that the Applicants are also prepared to direct their Tenant, who is occupying the property, to send the rent of Rs.7,000/- every month to the First and Second Respondent pending disposal of the Appeal.