High Court Kerala High Court

Hassan Koya vs Koshy Varghese on 24 November, 2006

Kerala High Court
Hassan Koya vs Koshy Varghese on 24 November, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 368 of 2003()


1. HASSAN KOYA,
                      ...  Petitioner

                        Vs



1. KOSHY VARGHESE,
                       ...       Respondent

2. STATE OF KERALA,

3. THE DISTRICT COLLECTOR,

4. THE REVENUE DIVISIONAL OFFICER,

                For Petitioner  :SRI.V.GIRI

                For Respondent  :SRI.P.V.RAMA WARIAR

The Hon'ble MR. Justice M.RAMACHANDRAN
The Hon'ble MR. Justice A.K.BASHEER

 Dated :24/11/2006

 O R D E R
                   M. RAMACHANDRAN & A.K.BASHEER, JJ.

                       ----------------------------------------------

                   R.P.NO.368/2003 IN A.S.NO.111/1990

                       ----------------------------------------------

                  Dated this the 24th day of November, 2006


                                       O R D E R

Ramachandran, J.

The review petition is filed from the judgment passed in

A.S.No.111 of 1990. We had heard learned counsel for the review

petitioner. The ground taken up in the review petition is that the

Division Bench had erred in holding that the proviso to Section 44 of

the Sale of Goods Act would not have been applicable to the

transactions. It is further submitted that the District Collector who

had passed orders on 3.3.1986 had erred in comprehending the

issue. We do not agree with the contentions of the respondents.

Further, It would have been more appropriate for the review

petitioner to challenge the final judgment as might have been

admissible and the reliefs sought for do not come within the purview

of the application for review. Consequently, the review petition is

dismissed.

M. Ramachandran, Judge

A.K.Basheer, Judge

Mbs/

DBA NO.

:-2-:

M. RAMACHANDRAN &

A.K.BASHEER, JJ

—————————————–

R.P.NO. 368 OF 2003 B

——————————————

O R D E R

DATED: 24-11-2006

DBA NO.

:-3-: