IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 RP.No. 407 of 2007(K) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9978/2005 Dated 26/10/2006 OS.864/1998 of ADDL.MUNSIFF COURT,CHERTHALA (IA. 3117 /1999) .................... REVIEW PETITIONERS/WRIT PETITIONERS/APPELLANTS/PETITIONERS --------------------------------------------------------------------------------------------------------- 1. KATTATHARA KARSHAKA SANGHOM, REG.NO.36/70, THRICHATTUKULAM P.O., REPRESENTED BY ITS PRESIDENT RADHA VIJAYAN, CHANDRATHIL, AROOKUTTY VILLAGE, THURUTHIBHAGOM MURI. 2. KATTATHARA KARSHAKA SANGHOM REG.NO.36/70, THRICHATTUKULAM P.O., REPRESENTED BY ITS SECRETARY, G.SANTHOSH KUMAR, PUTHENPURAYIL, AROOKUTTY VILLAGE, THURUTHIBHAGOM MURI. BY ADV. SRI.T.R.RAJAN RESPONDENT/ RESPONDENT/RESPONDENT ------------------------------------------------------------------- C.M.RAVEENDRAN, CHIRAYIL HOUSE, PANAVALLY P.O. ADV. SRI.SHAJI THANKAPPAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: smt K.T.SANKARAN, J. ----------------------------------------------------- R.P.No.407 OF 2007 in WP(C) No.9978 OF 2005 ----------------------------------------------------- Dated this the 9th day of June, 2011 ORDER This Review Petition is filed by the petitioners in WP(C) No.9978 of 2005 to review the judgment dated 26.10.2006. The Review Petition came up for admission on 12.4.2007 and it was adjourned. Later, the Review Petition was not posted at all. The petitioner also did not take any steps to get it posted. That by itself is not a reason either to allow the Review Petition or to reject the Review Petition. 2. By the judgment sought to be reviewed, the learned Single Judge held that there is no ground to interfere with the concurrent findings of the courts below dismissing the application for setting aside the ex parte decree. 3. The suit was filed by the respondent against Kattathara Karshaka Sanghom represented by its President (Kuttappan) and R.P.No.407 OF 2007 in WP(C) No.9978 OF 2005 2 Secretary (Padmanabhan). The suit was filed on 31.10.1998. The petitioners alleged that on 11.10.1998 Kuttappan and Padmanabhan were removed from the position as President and Secretary. On 22.11.1998 M.S.Ravindran and B.Jayachandran were elected as President and Secretary. The application for setting aside the ex parte decree was filed by the said Ravindran and Jayachandran in their capacity as President and Secretary of the Sanghom. Later, two other persons were elected as the President and Secretary and they continued the proceedings. The courts below did not accept the case put forward by the petitioners to set aside the ex parte decree. The Lower Appellate Court held that it was not proved that on 31.10.1998 when the suit was filed, Kuttappan and Padmanabhan were not functioning as the President and Secretary. It was also noticed that Ravindran and Jayachandran were elected as the President and Secretary only on 22.11.1998. That means, the plaintiff could not be R.P.No.407 OF 2007 in WP(C) No.9978 OF 2005 3 expected to show Ravindran and Jayachandran as the President and Secretary of the Sanghom. The learned Single Judge who disposed of the Writ Petition, considered all aspects of the case and dismissed the Writ Petition. I do not find any ground to review the judgment passed by the learned Single Judge. The Review Petition is accordingly, dismissed. K.T.SANKARAN, JUDGE. cms