Amar Singh Deceased Through Lrs & ORS v. The Financial Commissioner & ORS

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7577    * =Learned counsel for respondents No.3 (i) and 3 (iii) has referred to the order dated 09.08.2018 passed by the Division Bench of this Court while issuing notice of motion by contending that the appellant had not disclosed the true facts before this Court. What has been disclosed is that the Special Leave Petition preferred against the order passed by the learned Single Judge in Regular Second Appeal, has been dismissed by the Hon'ble Supreme Court. The factum that the Special Leave Petition had been preferred by the appellant against the order passed in the writ petition, which has

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been preferred by the appellant, has not been disclosed. Learned counsel for respondents No.3 (i) and 3 (iii) has referred to the order passed by the Hon'ble Supreme Court in SLP No.25284 of 2017, titled as 'Lal Chand & others Vs. Financial Commissioner, Haryana & others', dated 08.03.2018, wherein, on instructions, counsel for the special leave petitioner, had withdrawn the Special Leave Petition, which permission was granted by the Hon'ble Supreme Court but without any liberty either being asked for or granted by the Hon'ble Supreme Court. The said order dated 08.03.2018 reads as follows:- "Learned counsel appearing for the petitioners, on instructions, prays for withdrawal of the special leave petition. Permission granted. Consequently, the special leave petition stands dismissed as withdrawn."

He states that once the Special Leave Petition has been dismissed and that too, on instructions, the present appeal would not be maintainable especially when there is no permission either sought or granted for approaching the Division Bench of this Court. Reference has also been made to the order dated 27.04.2018 passed by the Hon'ble Supreme Court in Special Leave Petition No.25282 of 2017, titled as 'Amar Singh (D) through LRs & others Vs. Shri Krishnan Deve (D) through LRs & others', challenging the order passed in RSA No.523 of 1986, where the Hon'ble Supreme Court had passed the following order:- "Delay in filing the substitution application is condoned. Application for substitution allowed. Abatement is set aside.

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SLP is condoned. We find no reason to entertain this special leave petition, which is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of."

In view of the above, learned counsel for respondents No.3 (i) and 3 (iii) states that the present appeal deserves to be dismissed.

Learned counsel for the appellants prays for an adjournment to verify the said aspect and seek instructions.

Prayer granted.

Adjourned to 15.02.2022."

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