Arun Kondibarao Dapkekar v. Mohinder Babulalji Bakharia And Another

(1) 905 CA-430.2020.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.430 OF 2020 IN WP/9454/2019 ARUN KONDIBARAO DAPKEKAR

VERSUS

MOHINDER BABULALJI BAKHARIA AND ANOTHER ...

Mr. M.R. Andhale, Advocate for the applicant. Mr. Shyam Arora, Advocate for respondent No. 1. ...

CORAM :

RAVINDRA V. GHUGE, J.

DATE :

03-09-2021 ORDER :

1.

Despite repeated questions to the learned Advocate for the applicant, he is consistently dodging the questions of the Court and refusing to offer an answer.

2.

This application is in fact a second Review Application. In Writ Petition No. 9454 of 2019 a judgment was delivered by the learned Single Judge on 02-08-2019. Thereafter, one of the parties to the petition preferred Review Petition No. 198 of 2019 which was decided on 14-11-2019, which is the order passed in the Review Petition.

3.

By the present Civil Application No. 430 of 2020, the applicant has put-forth prayer clause "B", which reads as under : "B.

That, the impugned order of Review Petition No. 198/2019 dated 14.11.2019 for recalling of judgment may be set aside and judgment delivered

(2) 905 CA-430.2020.odt in Writ Petition No. 9454/2019 dated 2.8.2019 may be restored".

4.

In view of the above, this application is the second Review Petition, seeking quashing of the order passed in a Review Petition and then seeking restoration of the judgment dated 02.08.2019 delivered in the Writ Petition.

5.

In view of the law laid down by the Apex Court in the case of Lily Thomas vs. Union of India, AIR 2000 SC 1650 and Kamlesh Verma vs. Mayawati and others, 2013 ALL SCR 3411, this application cannot be entertained and the same is rejected. (RAVINDRA V. GHUGE, J.) VD_Dhirde