R.BANUMATHI, M.M.SUNDRESH
M/s. J. P. Builders, rep. by its Proprietor J. Paramanandam – Appellant
Versus
A. Ramadas Rao – Respondent
ORDER: (R. BANUMATHI, J.)
We have disposed of A.S.No.708 of 2008 (preferred by 1st respondent/Plaintiff), A.S.No.946 of 2009 (preferred by Petitioners/Defendants 1 and 2) and W.P.No.23405 of 2009 filed by 1st Respondent/Plaintiff by our common judgment dated 23.2.2010.
2. Stating that the order of the Division Bench suffers from error apparent on the face of record, that there is total lack of jurisdiction and the Court has acted in excess of jurisdiction, Review Petitioners/Defendants 1 and 2 have preferred these review petitions seeking review of the Judgment in A.S.No.708 of 2008 and W.P.No.23405 of 2009. Even though it was a common judgment, no review is sought for in respect of A.S.No.946 of 2009.
3. Grievance of the review petitioners is that the Court has exceeded its jurisdiction under Section 96 of Civil Procedure Code by going into the questions, which were not pleaded and which were not the subject matter of any issue by formulating questions of law, which did not arise in the first appeal and by interfering with the order of trial Court, which held that the Plaintiff is entitled to a "decree for specific performance" subject to mortgage of the Indian Bank witho
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