A VIJAYA KUMAR Vs. Y M C A

JUDGEMENT

(1.) The review petitioners herein were the appellants in C.M. A.No. 730 of 1997 on the file of this Court. The review petition is filed by the review petitioners herein for reviewing the Order dated 22-4-1997. By hearing both sides and with the consent of both the parties, the following order was passed.

(2.) Initially the review petitioners herein filed an affidavit stating that it was not a consent order. Finally one of the review petitioners herein filed an affidavit dated 8-9-1997 accepting that their Counsel had given consent for passing the consent order. But it is further stated that though the consent order was passed, it is not binding on them and the various reasons have been stated by him in the affidavit. While rebutting the aforesaid arguments, the respondent in the review petition stated that the affidavit dated 8-9-1997 is based upon on factual basis and not on legal grounds and the same runs contrary to the directions given by the Hon'ble Court earlier and therefore it deserves to be dismissed and ignored.

(3.) The learned Senior Counsel Mr. N.V. Suryanarayana Murthy appearing on behalf of the review petitioners herein relied upon a ruling reported in Moran Mar Bassellos Catholicos & another vs. Most Rev. Mar Poulose Athanasius & others. At para 38 of the judgment, their Lordships held as follows: