The State Of Maharashtra And ORS v. Dadabhau Shankar Shermale And ANR

1 CA1270,1271/2010

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1270 OF 2010 WITH CIVIL APPLICATION NO. 1271 OF 2010 in Writ Petition No. 486 of 2009 The State of Maharashtra & Ors.

Applicants V E R S U S Dadabhau s/o Shankar Shermale & Ors.

Respondents Mr. D.V. Tele, AGP for the applicants/State Mr. P.S. Bhandari, Advocate for respondent no.1 Mr. P.B. Vikhe Patil, Advocate for respondent no.2 CORAM : A. V. NIRGUDE, & A. M. BADAR, JJ.

DATE : 11TH JUNE, 2015 PER COURT :

1.

Heard.

2.

The applications seek review of order of Division Bench of this Court dated 12th November, 2008, imposing costs of Rs.5,000/- personally on applicant no.3. This order was passed after hearing of both the sides and this order has assigned reason as to why the Court was constrained to take extreme step. Learned A.G.P. is trying to suggest that there were reasons why applicant no.3 could not comply with the order of the Court and such reasons were assigned now in the application. We are afraid, we cannot accept such reasons because such reasons were informed to the

2 CA1270,1271/2010 Division Bench who passed the order. Upon appreciation of such reason, the order was passed. If we interfere in the order passed by the other Division Bench, it would amount to sitting in judgment over said judgment. Neither we can do so nor we are inclined to do so. The applicant does not give cogent reason for review. On the other hand, the impugned order is reasoned order and does not require any review. In view of above, both the applications stand rejected. ( A.M. BADAR, J. ) ( A.V. NIRGUDE, J. ) SRM/11/6/15