: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION NO.540 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.C.S. Joshi for the Petitioner. Mr.Rajesh S. Datar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 10TH NOVEMBER, 2008. P.C. : 1. In Writ Petition No.3938 of 1991 this Court by a judgment and decree dated 7.10.2006 allowed the judgment of the lower Court and decreed the Respondent/landlord’s suit for eviction. The Petitioner filed a Review Petition against the said order being Review Petition (Lodging) No.27449 of 2007. The Review Petition was dismissed by an order dated 25.1.2008. This order was challenged by the Petitioner before the Apex Court by filing a Petition for : 2 : Special Leave to Appeal bearing No.CC 3521 of 2008. The Supreme Court disposed of the said S.L.P. by an order dated 10.3.2008 which reads as under :- "Delay condoned. Heard. The special leave petition is dismissed. At this stage, counsel for the petitioner prays for some time to vacate the suit premises which is not opposed by the counsel for the respondent who is present on caveat. Accordingly, petitioner is granted time up to 31st July, 2008 to vacate the suit premises subject to filing usual undertaking in this Court within four weeks from today. Petitioner shall handover the vacant and peaceful possession of the suit premises to the respondent on or before 31st July, 2008." 2. Despite the above, the Petitioner sought to challenge the execution proceedings before the trial Court. It is important to note that admittedly the ground of challenge was taken up in the Review Petition which as stated above was dismissed and the S.L.P. filed against the said order had been disposed of as above. 3. In the circumstances it is not : 3 : even open for this Court to pass any orders as the same would be contrary to the orders of the Apex Court. 4. If any fraud has been played on the Apex Court that aspect cannot be considered by this Court. 5. In the circumstances, the Civil Revision Application is dismissed. In view of above circumstances, the application for stay of the execution proceedings is rejected.