1 2755.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2755 OF 2010 IN WRIT PETITION NO.6571 OF 2008 Dr.Shashank Dattatraya Samak & Anr. ...Applicants Versus Shri.Subhash Bhalchandra Joshi & Ors. ...Respondents ...... Mr.Avinash B.Avhad for Applicants. None for Respondents. ...... CORAM:- A.M.KHANWILKAR, J. (In Chamber at 2.45 p.m.) DATED :- NOVEMBER 26, 2010. P.C. 1. This Application is moved in a disposed of Writ Petition. The Writ Petition was dismissed vide order dated 30th January 2009. It is not in dispute that the said order was unsuccessfully assailed before the Apex Court by way of SLP No.5280 of 2009. The same was dismissed on 20th March 2009. The Application is moved on the assertion that there are changed circumstances warranting modification of the order. This plea cannot be accepted. As a matter of fact, after passing of the order dated 30th January 2009, this Court has become functus officio. Further, the said order has been affirmed by the Supreme Court. Besides, the Writ Petition before 2 2755.10.sxw this Court was essentially against the decision of the Trial Court below Exhibit 5 in Regular Civil Suit No.1419/2005 dated 15th March 2008. The issue now raised, therefore, cannot be entertained in disposed of Writ Petition. The Applicant/Petitioner, if so advised, may take recourse to such remedy as may be permissible in law. 2. This Application is disposed of on the above terms. A.M.KHANWILKAR, J.