
NEELAM
MANMOHAN ATTAVAR
VERSUS
MANMOHAN ATTAVAR (D) THROUGH LRS.
Miscellaneous
Application No.42 of 2021, Decided on 8.02.2021.
Bench:
Dr. Dhananjaya Y Chandrachud & M.R Shah,
JJ.
Facts:
The present application has been preferred by the applicant/ petitioner herein
to recall the order passed by the Supreme Court and the applicant has also
prayed that one of the judges should recuse themselves from hearing this
application.
Issue:
Can the applicant file a second application for the very same relief if the
earlier application for the same relief was dismissed?
Held:The
Court while dismissing the application observed that
earlier another application filed by the applicant for the very same relief as
in the present application was dismissed, the second application for the same
relief is not maintainable.
The Court also observed
that a litigant cannot be permitted to browbeat the Court by seeking a Bench of
its choice and the prayer of the applicant that one of the judges should recuse
himself from hearing this application is rejected by.