1 caf2759-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 2759 OF 2010 IN CIVIL APPLICATION NO. 1247 OF 2010 IN FIRST APPEAL NO. 776 OF 2009 IN B.C.C.C.S.C. SUIT NO. 2960 OF 1990 Vilas Kedari Nikam .. Applicant/ Appellant V/s. Rajnikant Appaji Shinde & Anr. .. Respondents * * * * Mr. M. V. Holmagi, Advocate for the applicant/appellant. Mr. D. M. Joshi, Advocate for respondent no.1. Representative of Court Receiver­respondent no.2 absent. CORAM : SMT. R.P. SONDURBALDOTA,J. 22 OCTOBER 2010. P.C. 1. This Civil Application is nothing but a second attempt 2 caf2759-10 on the part of the applicant at setting aside the order dated 18.12.2009 passed by this Court disposing off the above First Appeal, which order stands confirmed in view of withdrawal of the Special Leave Petition preferred therefrom to the Supreme Court. Thereafter, the applicant had filed Civil Application No. 1247 of 2010 for the very purpose which was dismissed by the order dated 9.07.2010. 2. Part of prayer (a) in the present Civil Application for setting aside the order dated 18.12.2009 cannot be considered, in view of confirmation of the order. As regards the other part of prayer (a) which is for setting aside the order dated 9.07.2010 in Civil Application No. 1247 of 2010, Mr. Holmagi the learned counsel for the applicant, submits that, the order be set aside by this Court by invoking jurisdiction under Section 151 Civil Procedure Code as according to him the applicant did not get sufficient hearing on that application. The order dated 9.07.2010 is a reasoned order passed in the open Court and in the presence of the applicant. The order cannot be set aside by this Court by 3 caf2759-10 resorting to inherent powers under Section 151 Civil Procedure Code. Therefore, the Civil Application as filed is not maintainable at all and is liable to be dismissed. 3. The learned counsel for respondent no.1, submits that the applicant has been filing one frivolous application after another, which is nothing but a harrassment to respondent no.1 and prays for costs to be awarded to the applicant. In the facts of the case, the request is justified. The Civil Application is dismissed. The applicant shall be pay costs quantified at Rs.5,000/­ (Rs. Five Thousand only) to respondent no.1. (SMT. R.P. SONDURBALDOTA,J.)