MEHMOODMIYA SUBAMIYA SHAIKH Vs. AMIRUNISA YAKUBKHAN PATHAN

JUDGEMENT

(1.) Present application has been filed by the applicants for extension of time for a further period of two months for handing over the possession of the premises in question.

(2.) It is required to be noted that the very applicants preferred Civil Application No. 8511 of 2007 in Review Application (Stamp) No. 1377 of 2007 to condone the delay in preferring the review application in First Appeal No. 458 of 1984 and considering the fact that against the judgment and order passed by this Court in main First Appeals, the applicants preferred Letters Patent Appeals before the Division Bench of this Court and the Division Bench of this Court dismissed the said Letters Patent Appeals and therefore, the review application itself was not maintainable and therefore, this Court dismissed the said Civil Application. It is also required to be noted that in the said application, they also prayed for extension of time to hand over the possession of the premises in question. However, considering the fact that as against the judgment and order passed by this Court in First Appeals, Letters Patent Appeals were preferred and the same were dismissed and therefore, the order passed by this Court is merged into the order passed by the Division Bench and therefore, this Court has no jurisdiction and therefore, the said application came to be dismissed and prayer to extend the time also came to be dismissed. This is an another attempt on the part of the applicants herein to extend the time. Considering the fact that against the judgment and order passed by this Court in First Appeal Nos.458 of 1984 and 459 of 1984, the applicants preferred Letters Patent Appeals before this Court and the same came to be dismissed, the judgment and order passed by this Court is merged into the order passed by the Division Bench and therefore, this Court has no jurisdiction to extend the time.

(3.) Under the circumstances and more particularly considering the fact that earlier also the prayer of the applicants to extend the time was dismissed, present application is also required to be dismissed and is accordingly dismissed.