ANIL KUMAR HARBHAJANKA Vs. ARUN KUMAR HARBHAJANKA

JUDGEMENT

(1.) This is an application filed under Order 9 Rule 13 read with Section 151CPC seeking to set aside the order passed by thisCourt on 22-2-1996 in C.R.P.No. 498 of 1996,

(2.) At the out set, it is contended by Sri Narayana Reddy, counsel for the petitioner herein alleging that the revision petitioner moved a lunch motion before this Court on 22-2-1996 and filed the CRP No,498/96 under Article 227 of the Constitution of India. It is further alleged that though the first respondent in the revision petition, who is the petitioner herein, filed a caveat petition No. (SR) 10234/96 in the High Court sensing that the revision petitioner may move the High Court, the High Court has disposed of the C.R.P. on 22-2-1996 without hearing the present petitioner though it is normally required that whoever files a caveat in the Court has to be heard before passing any order.

(3.) Sri Narayana Reddy, counsel for the petitioner further contended that the revision petitioner has failed to disclose the material facts while approaching this Court under Article 227 of the Constitution of India and, therefore, the Court ought not to have entertained the C.R.P. filed by the revision petitioner under Article 227 of the Constitution of India.