Patna High CourtC. REV./252/2015dismissed

Abbas Mian @ Lal Mian And ANR v. Naina Khatoon @ Pappi And ORS

2016-03-31Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C. REV. No.252 of 2015 (4) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.252 of 2015 In First Appeal No. 310 of 1985 ====================================================== Abbas Mian @ Lal Mian & Anr .... .... Petitioner/s

Versus

Naina Khatoon @ Pappi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narain Yadav For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 31-03-2016 Heard the learned counsel, Mr. Suraj Narayan Yadav for the petitioners.

It appears that while dismissing the petition for Special Leave to Appeal No.19944 of 2015, Hon'ble Supreme Court granted liberty to the petitioner to file review application. The Hon'ble Supreme Court nowhere in the said direction held that review application is maintainable after disposal of the appeal before the Supreme Court.

Section 114 of the C.P.C. clearly bars review application if the form of appeal has been availed by the petitioner. In the present case, against the judgment and decree of this Court in First Appeal, the petitioners filed Special Leave Petition to Appeal before the Supreme Court which was withdrawn and at that time, the petitioners obtained the liberty to

Patna High Court C. REV. No.252 of 2015 (4) dt.31-03-2016 move this review application. Now, therefore, the judgment of this Court has already been merged in the order passed by the Supreme Court.

In view of the judgment of this Court, in 2011(3) PLJR 728(Nitya Nand Singh v. M/S Aditya Co-operative Housing Society Ltd.), since the judgment and decree of this Court has been merged in the order of the Hon'ble Supreme Court and since there is clear bar under Section 114 of the C.P.C., this review application itself is not maintainable and accordingly, this review application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T