ORDER :

S.Manikumar, J.

Instant unnumbered cross objection has been filed against the judgment dated 16.11.2020 in W.P.(C)No.24241 of 2020.

2. On this day, when the matter came up for hearing, we were informed that a Hon'ble Division Bench of this court in George J. v. State of Kerala and Others reported in 2019 (3) KHC 755, has considered the issue as to whether cross objection under Order XLI rule 22 of the Code of Civil Procedure is maintainable in a writ appeal filed under Section 5 of the Kerala High Court Act.

3. After considering the statutory provisions stated supra, powers of the High Court under Section 141 of the Code of Civil Procedure, Section 5 of the Kerala High Court Act, Rule 159 of the Rules of the High Court of Kerala and several decisions including a Full Bench decision of the High Court of Madhya Pradesh in Jabalur Development Authority v. Y.S. Sachan and Others reported in ILR (2004) M.P. 231, a Hon'ble Division Bench held thus:

“3. The law on the maintainability of a cross objection under Order XLI Rule 22 of the C.P.C. has been succinctly laid down in Superintending Engineer and others v. B.Subba Reddy [AIR 1999 SC 1747) as follows:

"(i) Appeal is a substantive ri