KUMARAN SILK TRADE (P) LTD. versus DEVENDRA AND ORS.

KUMARAN SILK TRADE (P) LTD. versus DEVENDRA AND ORS.

A special leave petition under Article 136 is not maintainable against a High Court order refusing to review its earlier decision. When an appeal against the original order has been withdrawn with liberty only to seek review, a further SLP against the original order is not permissible. Permission to challenge orders in connected writ petitions, to which the petitioner was not a party, is not warranted especially considering the conduct of the petitioner and the finality of earlier orders.

Parties
Appellant: Kumaran Silk Trade (P) Ltd.; Respondents: Devendra and Ors.
Jurisdiction
India
Judgment Date
19 October 2006
Procedural Posture
Special Leave Petitions and Civil Appeal / Final Order Dismissal
Outcome
Special Leave Petitions and Civil Appeal dismissed
Legal Topics
Article 136 SLP Maintainability, Building Regulations, Contempt Proceedings, Review Petitions
Constitutional Law Property Law Contempt of Court Article 136 SLP Maintainability Building Regulations Contempt Proceedings Review Petitions

Case Brief

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Parties

Kumaran Silk Trade (P) Ltd.

Appellant

Devendra and Ors.

Respondents

Procedural Posture

Special Leave Petitions and Civil Appeal / Final Order Dismissal

Legal Issues

  1. 1 Whether a special leave petition under Article 136 is maintainable against an order dismissing a review petition
  2. 2 Whether a petitioner can challenge the original order again under Article 136 after withdrawal of previous SLP/appeal with liberty to seek review only
  3. 3 Whether petitioner not party to connected writ petitions may seek leave to challenge High Court order affecting amended legislation

Ratio Decidendi

A special leave petition under Article 136 is not maintainable against a High Court order refusing to review its earlier decision. When an appeal against the original order has been withdrawn with liberty only to seek review, a further SLP against the original order is not permissible. Permission to challenge orders in connected writ petitions, to which the petitioner was not a party, is not warranted especially considering the conduct of the petitioner and the finality of earlier orders.

Court Disposition

Special Leave Petitions and Civil Appeal dismissed

Orders

  • Petition for special leave to appeal and civil appeal rejected as not maintainable.
  • Order of status quo granted is vacated.