SWATI GUPTA Vs. ROMESH CHAND

JUDGEMENT

(1.) This intra court appeal has been preferred against order dtd. 25/9/2014 passed in OWP No. 702 of 2013 whereby preliminary objection raised by the deceased-appellant regarding the maintainability of the second writ petition filed by the respondent Nos. 1 to 3, has been rejected and order dtd. 14/9/2015 whereby the review petition filed against order dtd. 25/9/2014 has been dismissed with costs of Rs.10,000.00 by the learned Single Judge.

(2.) During the pendency of present appeal, the challenge thrown to the order dtd. 14/9/2015 passed in review petition before the learned Single Judge was withdrawn by the appellant.

(3.) The present appeal has been filed by the appellant impugning the judgment dtd. 25/9/2014 primarily on the ground that the finding recorded by the learned Single Judge that the order dtd. 14/5/2013 was passed in presence of the deceased-appellant in OWP No. 418 of 2013 is factually incorrect and as a matter of fact, no such statement was made on 25/9/2014 by either of the counsels who appeared on behalf of the deceased-appellant. Rather the fact remains that neither the deceased-appellant nor his counsel was present on 14/5/2013 when the first writ petition was withdrawn.