SHANTABAI Vs. VASUDEO

JUDGEMENT

(1.) Present Application has been filed for recalling of the order passed by this Court on 4/12/2021 whereby Review Application No.21 of 2019 in Civil Application No.16724 of 2016 came to be dismissed.

(2.) The facts giving rise to the present Application are that the present applicants are the original defendant Nos.2 to 5, who were the appellants in Second Appeal No.268 of 1994. That Second Appeal No.268 of 1994 came to be dismissed in default on 28/10/2015. Thereafter Civil Application No.16724 of 2016 was filed before this Court for calling back the order of dismissal of Second Appeal on 28/10/2015 and for condonation of delay of about 11 months in preferring the said civil application. Said Civil Application No.16724 of 2016 came to be rejected by this Court, by giving reasoned order, on 28/7/2017 (CORAM: T.V. NALAWADE, J.). Thereafter, Review Application No.21 of 2019 was filed, for review of the order dtd. 28/7/2017. This Court, by order dtd. 4/12/2021, dismissed the said Review Application after it was pointed out that the order passed by this Court in Civil Application No.16724 of 2016 on 28/7/2017 was sought to be challenged before the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No.28220 of 2017, which was arising out of the impugned final Judgment and order dtd. 28/10/2015 in Second Appeal No.268 of 1994 passed by this Court. The matter was called out before the Hon'ble Apex Court on 1/12/2017; permission to file Special Leave Petition was granted, however, the Special Leave Petition was dismissed on the ground of delay. Therefore, in the order dtd. 4/12/2021 it was observed by this Court that the review of the order passed by this Court on 28/7/2017 was not maintainable when the Civil Application No.16724 of 2016 was filed for recalling or the order dtd. 28/10/2015, which stood confirmed by the Hon'ble Apex Court.

(3.) Heard learned Advocate Mr. Barlinge appearing for the applicants and learned Advocate Mr. Markad appearing for respondent Nos.1 and 3.