- (1.) IA No. 5 in Civil Appeal No. 3572 of 2009 is filed by the Union of India through the Ministry of Home Affairs, North Block, New Delhi in which the following prayers are claimed: "(a) Recall the judgment and order dated 14-5-20091, vacate the findings and conclusions recorded therein and dismiss Civil Appeal No. 3572 of 2009; (b) Modify the order dated 4-5-2010 and include the expression 'do not' between the words 'and' and 'relate' so as to read as under: 'the observations, if any, made in the judgment are confined only to the issue involved in the matter and do not relate to the ownership of the land pertaining to minor ports in Puducherry'; and (c) Pass such other or further orders as it may deem proper in the facts and circumstances of the case."
(2.) Initially, the instant application was listed for preliminary hearing before a Bench comprising Hon'ble Mr Justice P. Sathasivam and Hon'ble Mr Justice B.S. Chauhan on 17-8-2010 and after hearing the learned counsel for the petitioner, the following order was passed: "Post on 26-8-2010 before a Bench presided over by Hon'ble Mr Justice J.M. Panchal." That is how the instant application is placed before this Court for hearing.
(3.) This Court has heard the learned counsel for the parties at length and in great detail. During the course of hearing of the application, the learned Solicitor General Mr Gopal Subramanium has, on instructions not pressed the prayer claimed in clause (a) of the application mentioned earlier. Therefore, the said prayer is rejected as not pressed.;