High Court Kerala High Court

E.Subair vs T.A.Joseph on 7 October, 2009

Kerala High Court
E.Subair vs T.A.Joseph on 7 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 954 of 2009(O)


1. E.SUBAIR,S/O.IBRAHIM,
                      ...  Petitioner
2. SUBAIRATH,

                        Vs



1. T.A.JOSEPH,
                       ...       Respondent

2. VARGHESE K.V.,

3. M/S.CONFIDENT PROJECT INDIA LTD.,

                For Petitioner  :SRI.JOHN JOSEPH(ROY)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :07/10/2009

 O R D E R
                     S.S. SATHEESACHANDRAN, J.
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                         R.P.No. 954 of of 2009 in
                        W.P.(C) No. 13387 of 2009
                 - - - - - - - - - - - - - - - - - - - - - - - - -
                          Dated: 7th October, 2009

                                    ORDER

The Review Petition has been filed by the petitioners in

W.P.C.No.13387 of 2009 to review the judgment dated 14th

September, 2009. The Writ Petition, after hearing both sides, was

dismissed. Concurrent findings entered by the two courts below over

an application for interim injunction filed by the petitioners/plaintiffs

in a suit still awaiting for trial, on dismissal of that application, was

challenged before this court in the Writ Petition invoking the

supervisory jurisdiction vested with this court under Article 227 of the

Constitution of India. After hearing the submissions of the counsel on

both sides, the judgment was rendered dismissing the Writ Petition.

During the pendency of the Writ Petition, there was an interim order

directing the parties to maintain status quo and that order has to be

restored which otherwise would cause law and order problem is the

main ground canvassed by the learned counsel for the petitioners for

reviewing the judgment. I do not find any merit in the submission

made. A review is permissible only on satisfaction that there is an

error apparent on the face of the record or such other grounds as

envisaged by law. No party to a proceeding has a vested right to seek

R.P.No.954/09 – 2 –

a review of the order/judgment passed in a petition. There is no merit

in the review petition and it is dismissed.

srd                            S.S. SATHEESACHANDRAN, JUDGE