In a review petition, the court held that a party's failure to honor settlement terms constitutes grounds for enforcement, not for reviewing the judgment that ordered such settlement. The review petition was dismissed as misconceived.
review petition failed and was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
THURSDAY, THE 28TH DAY OF JUNE 2012/7TH ASHADHA 1934
RP.No. 545 of 2012 ()
AGAINST THE JUDGMENT IN WPC.32308/2010 DATED 03-02-2012
REVIEW PETITIONER / PETITIONER :
SEBASTIAN JOSEPH S/O.DEVASIA JOSEPH, PUTHANPARAMBIL, PUNNAPRA P.O., ALAPPUZHA.
BY ADV. SRI.B.PRAMOD
RESPONDENTS / RESPONDENTS :
1. THE AUTHORISED OFFICER,
2. THE UCO BANK
3. THE DISTRICT COLLECTOR
4. JANAMMA C.K.,
5. B.MOHANLAL
R1 & R2 BY ADV. SRI.GEORGE KARITHANAM VARGHESE, SC BY ADV. SRI. T.C. GEORGE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
RP.No. 545 of 2012 ()
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE I : COPY OF THE PROCEEDINGS DATED 4-1-2012 OF THE LOC ADALATH.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// P.S. TO JUDGE Mn
ANTONY DOMINIC, J.
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RP. NO.545 OF 2012 in W.P(c).No.32308/2012
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Dated this the 28th day of June, 2012
O R D E R
The writ petition was filed by the review petitioner seeking a direction against respondents 1 to 3 ton take possession of a property covered by a sale deed executed in his favour, in a SARFAESI proceedings.
In this review petition what is complained of is that the party respondents to the settlement has not honoured the terms of the settlement before the Adalath. In my view the prayer to review the judgment is misconceived. If as stated, the parties to the settlement has not honoured the terms of the settlement, it is up to the petitioner to take steps for the enforcement of the terms of
RP.No.545/2012
:2 :
settlement. However, that will not render the judgment erroneous for any reason warranting review of the judgment.
Review Petition fails and is dismissed.
(ANTONY DOMINIC) JUDGE
vi/
RP.No.545/2012
:3 :
1 issue framed by the court
Whether non-implementation of terms of settlement agreed in lower court warrants review of that judgment.
SEBASTIAN JOSEPH S/O.DEVASIA JOSEPH
THE AUTHORISED OFFICER UCO BANK
THE UCO BANK ALAPPUZHA BRANCH
THE DISTRICT COLLECTOR
JANAMMA C.K.
B.MOHANLAL
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
