Through: Mr. Sanjeev Mahajan, Adv.
Daughter of respondent in person.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL) Review Petition No. 290/2015, CM No. 10335/15, 10336/15(delay of 678 days in filing of the R.P) and CM No. 10337/15 (delay of 491 days in refiling)
1. This review petition is filed under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (CPC) seeking review of the order dated 29.3.2012 by which this regular first appeal was disposed of by a consent order. This review petition is in fact a third endeavour to seek re-arguments of the appeal on merits. On the first occasion the first appeal was in the absence of the parties heard on merits and dismissed in terms of the judgment dated 1.2.2011. The present review petitioners/appellants then filed a review petition seeking hearing and which review petition was allowed by the impugned order dated 29.3.2012 and the appellants were then heard once again on merits in the appeal and which is thus the second time when the appeal was heard on merits. The order dated 29.3.2012 shows that the appellants were represented before this Court not only by their counsel, but also by a senior counsel. The order dated 29.3.2012 also specifically records that arguments in the appeal were concluded and the judgment was to be dictated, and at which stage an agreement was recorded that the appellants will receive a sum of Rs.1,00,000/- with respect to their rights in the suit property and thereafter will not claim any right whatsoever in the suit property. The respondent had also initiated a criminal case against the review petitioners/appellants and the respondent was to withdraw the criminal case which was filed against the petitioners in terms of the consent order recorded on 29.3.2012.