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1999 Supreme(Ker) 312

K.K.USHA, S.MARIMUTHU
Sushama – Appellant
Versus
Mercy Antony – Respondent


Judgment :-

K.K. Usha, J.

The question that has been referred for consideration of this Bench is whether Civil Revision Petitions are maintainable against orders passed by the appellate court in Election Petitions under the Kerala Panchayat Raj Act, 1994 and Kerala Municipalities Act, 1994. A learned judge of this Court, mSaraswati v. Kamala, 1997 (1) KLT 855, has taken the view that a revision petition under S.115 of the Code of Civil Procedure is maintainable from the decision of the District Court in an appeal filed under S.113 of the Kerala Panchayat Raj Act against an order passed by the Munsiff s Court in the Election Petition.

C.R.P. Nos. 227/98, 619/98, 843/98,1190/97,1942/97 & 815/98 arise out of orders passed by the District Court in appeals from orders of the Munsiff s Court in Election Petitions filed under the Kerala Municipalities Act, 1994. Petitioner in C.R.P. 1942/97 originally filed O.P. 6074/97 challenging the very same appellate order, but, apprehending that an Original Petition may not be maintainable, later, he filed the revision petition. C.R.P.Nos.756/98,1910/97,2233/97,1263/97,1864/98&2243/98 are petitions filed challenging the orders passed by the District C






























































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