9911796707
TMI Blog2024 (4) TMI 1147X X X X Extracts X X X X X X X X Extracts X X X X ..... R Bala, Sr.Adv., Mr. Amrish Kumar, AOR, Mrs. Indira Bhakar, Adv., Mr. Sharath Nambiar, Adv., Mr. Annirudh Sharma II, Adv., Mr. B.K Satija, Adv., Mr. Rajesh Kumar Singh, Adv. ORDER 1. Leave granted. 2. The instant appeals are directed against the judgment and order dated 19.08.2023, passed by a Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad, whereby the Review Application filed by the ex-propriated land owners, eventually seeking further enhancement of compensation, has been dismissed invoking the `Doctrine of Merger' on the premise that the judgment under review dated 09.01.2019, of the Division Bench of the High Court, stood merged in the order dated 03.07.2019 passed by this Court dismissing SLP(C)....... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en by a three-Judge Bench of this Court in Kunhayammed and others vs. State of Kerala and another, (2000) 6 SCC 359, was reiterated by this Court in Khoday Distilleries Ltd.(supra), as follows: "26. From a cumulative reading of the various judgments, we sum up the legal position as under: 26.1. The conclusions rendered by the three-Judge Bench of this Court in Kunhayammed [Kunhayammed v. State of Kerala, (2000) 6 SCC 359] and summed up in para 44 are affirmed and reiterated. 26.2. We reiterate the conclusions relevant for these cases as under: (Kunhayammed case [Kunhayammed v. State of Kerala, (2000) 6 SCC 359], SCC p. 384) "(iv) An order refusing special leave to appeal may be a non-speaking order or a speaking one. In either case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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." 26.3. Once we hold that the law laid down in Kunhayammed [Kunhayammed v. State of Kerala, (2000) 6 SCC 359] is to be followed, it will not make any difference whether the review petition was filed before the filing of special leave petition or was filed after the dismissal of special leave petition. Such a situation is covered in para 37 of Kunhayammed case [Kunhayammed v. State of Kerala, (2000) 6 SCC 359]." 7. However, if the leave to appeal was granted and a consequential order was passed, such an order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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