TaxTMI 
TaxTMI 
2023 (7) TMI 1598
X X X X Extracts X X X X
X X X X Extracts X X X X
....sed. 4. The relevant facts necessary for the adjudication of the present appeals, for the sake of convenience, are being mentioned herein. 5. One Late Arosji Rao was the original owner of the suit property and had two daughters. The said Late Arosji Rao, before his death, executed a Will dated 17.07.1945, bequeathing the suit property to both of his daughters in equal share. In the said Will, among other things, it was stated that both the legatees were to enjoy the suit property during their entire lifetime, and thereafter, the same was to be transferred to their respective male heirs. The said late Arosji Rao subsequently died on 30.09.1945, and the abovementioned Will was probated. 6. The two daughters of the original owner Lt. Arosji Rao, Smt. Kamala Bai and Smt. Anusuya Bai, as joint owners of the bequeathed suit property, executed a lease deed in favour of one M/s Rajatha Trust for a period of 45 years. During the tenure of the said lease, on 07.07.1988, Smt. Kamala Bai passed away, and as per the Will of the original suit owner, part of the suit property was to flow to the heirs of Smt. Kamala Bai. 7. After the death of Smt. Kamala bai, a dispute arose between he....
X X X X Extracts X X X X
X X X X Extracts X X X X
....not disturb the finding of the Trial Court regarding the compromise decree being binding on the respondents, however, in respect of the additional relief of possession of part of suit property, the matter was remanded to the Trial Court, for proper adjudication. 14. Aggrieved by the same, the appellant No.1 herein filed Special Leave Petition in this Court, and during the pendency of the said Special Leave Petition, the Trial Court proceeded with the matter remanded to its jurisdiction. 15. Vide order and judgment dated 29.10.2011, the Trial Court on the limited ground of possession of part of the suit property, decreed the suit in favour of the respondent no.1 and respondent no.2 herein. 16. Aggrieved by the aforesaid judgment and decree of the Trial Court, the petitioner(s) therein filed another appeal in the High Court. During the pendency of the said first appeal before the High Court, the Special Leave Petition filed in this Court by the petitioner(s)/appellant(s) was dismissed vide order dated 03.01.2013 on the ground that the relief prayed for in the Special Leave Petition had exhausted itself. 17. However, while dismissing the said Special Leave Petition, this C....
X X X X Extracts X X X X
X X X X Extracts X X X X
....of Special leave against an order passed in review is concerned, the provisions of Order XLVII rule 7 make it amply clear that the same is not permissible, that is to say, no appeal by way of Special Leave Petition against an order passed in review is maintainable. 27. Further, it has also been contended by the respondents, that this Court, while dismissing the original Special Leave Petition filed by the petitioner(s) therein, while it granted liberty to the petitioners to approach the High Court in review, did not give the petitioners specific permission to file a subsequent Special Leave Petition before this Court. Such lack of explicit permission, as per the respondent, places a bar on the petitioners to approach this Court again. For this, the respondent has relied on the case of Sandhya Educational Society Vs. Union Of India [(2014) 7 SCC 701] 28. As far as first contention of the respondent is concerned, we concur with the same. Order XLVII rule 7 of the CPC makes it amply clear that no Special Leave Petition can be filed against an order passed in review, and as such, does not require our further consideration. For a ready reference, the same is being reproduced herei....
X X X X Extracts X X X X
X X X X Extracts X X X X
....case, wherein a consecutive Special Leave Petition was filed and the order in the original Special Leave Petition only gave an explicit liberty to approach the High Court, this Court held that the subsequent Special Leave Petition was not maintainable. The relevant paragraphs of the said judgment are being produced herein: "There is nothing in the decisions cited by the appellant to show that this Court has taken a view different from the view taken in Abhishek Malviya v. Additional Welfare Commissioner and Another (supra) with regard to maintainability of an appeal by way of Special Leave under Article 136 of the Constitution against an order of the High Court after an earlier Special Leave Petition against the same order had been withdrawn without any liberty to file a fresh Special Leave Petition. Similarly, there is nothing in the decisions cited by the appellant to show that this Court has taken a view that against the order of the High Court rejecting an application for review, an appeal by way of Special Leave under Article 136 of the Constitution is maintainable. In the result, we hold that the Civil Appeals are not maintainable and we accordingly dismiss the same.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ay of judicial discipline, the Supreme Court being the Apex Court of the country. But, this does not amount to saying that the order of the Court, tribunal or authority below has stood merged in the order of the Supreme Court rejecting the special leave petition or that the order of the Supreme Court is the only order binding as res judicata in subsequent proceedings between the parties. (vi) Once leave to appeal has been granted and appellate jurisdiction of the Supreme Court has been invoked the order passed in appeal would attract the doctrine of merger; the order may be of reversal, modification or merely affirmation. (vii) On an appeal having been preferred or a petition seeking leave to appeal having been converted into an appeal before the Supreme Court the jurisdiction of the High Court to entertain a review petition is lost thereafter as provided by sub-rule (1) of Order 47 Rule 1 CPC" 35. While the law laid down by the two judgments relied upon by the appellants, and other judgments in line with the said two judgments explicitly state that specific liberty is a requirement for filing a subsequent Special Leave Petition after the withdrawal of the firs....