- (1.) This special leave petition has been filed against the order of the High Court of Karnataka at Bangalore dated 9.9.2011 in RP No.96/2011 in RFA No.427 of 2006. On 20.1.2012 notice was issued on the special leave petition as well as on the prayer of interim relief. The respondent entered appearance and filed a detailed counter affidavit and raised a preliminary objection about the maintainability of the special leave petition.
(2.) Shri Rajesh Mahale, learned counsel appearing for the respondent submitted that the petitioner had earlier challenged the judgment and order dated 12.11.2008 in RFA No.427 of 2006 before this Court. The same came up for hearing before this Court on 4.12.2009 and the respondent entered appearance and opposed the petition. This Court, while condoning the delay in filing SLP, dismissed the SLP on the same day. Later the petitioners filed Review Petition NO.96 of 2011 for reviewing the Judgment dated 12.11.2008 in RFA No.427 of 2006 before the High Court of Karnataka at Bangalore. Review petition was dismissed by the High Court by the impugned order dated 9.9.2011. Learned counsel placed considerable reliance on the three Judge Bench Judgment of this Court in Abbai Maligai Partnership Firm and another v. K. Santhakumaran and others, 1998 7 SCC 386 and contended that decision would squarely apply to the facts of this case and the High Court has rightly dismissed the review petition by holding that when the Judgment and decree passed by the High Court was confirmed by the Supreme Court by dismissing the SLP, there was no question of entertaining the review petition.
(3.) Mr. Gopal Jain, learned counsel appearing for the petitioners submitted that the High Court has committed an error in dismissing the review petition since the earlier SLP was dismissed by this Court on 4.12.2009 without stating any reason. Reliance was placed on a three Judge Bench Judgment of this Court in Kunhay Ammed and others v. State of Kerala and another, 2000 6 SCC 359. Learned counsel pointed out that since the SLP was dismissed at the admission stage by a non-speaking order it would not constitute res-judicata and does not culminate in merger of the impugned judgment and the High Court has committed a grave error in dismissing the review petition.;