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2024 Supreme(Online)(KER) 33639

HIGH COURT OF KERALA
VIJU ABRAHAM, J
YESUDAS *[ DIED]* – Appellant
Versus
KUTTAPPAN – Respondent


Advocates:
B.KRISHNA MANI, DHANUJA M.S, LATHEESH SEBASTIAN SEBASTIAN

JUDGMENT

The petitioner has approached this Court challenging Ext.P10 order whereby the request of the petitioner to review Ext.P8 order granting injunction was dismissed.

2. The learned counsel appearing for the respondents submits that Ext.P8 order granting injunction is not challenging in the proceedings and that Ext.P8 order is an appealable order. The learned counsel for the respondents relying on the judgment of the Apex Court inDSR Steel(P) Ltd., v. State of Rajasthan and Others (2012) 6 SCC 782 ) submits that after the review petition was dismissed it is for the petitioner to challenge the original order in appropriate proceedings. Para

25.3 of the said judgment reads as follows:

“25.3. The third situation with which we are concerned in the instant case is where the revision petition is filed before the Tribunal but the Tribunal refuses to interfere with the decree or order earlier made. It simply dismisses the review petition. The decree in such a case suffers neither any reversal nor an alteration or modification. It is an order by which the review petition is dismissed thereby affirming the decree or order. In such a contingency there is no question of any merger and anyone

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