IN THE SUPREME COURT OF INDIA

CURATIVE PETITION (C) NO. OF 2019

IN

REVIEW PETITION (C) NO. 21 OF 2019

IN THE MATTER OF:

Mr. Suresh,

Son of Lakshmi Narayana,

Residing at H.No: 725/5,

MVP Colony, Visakhapatnam-530017 ..............Petitioner

Versus

Mrs. Harika,

Daughter of Krishna Kishore,

Residing at H.No: 2/221/7,

A Petition under Article 142 of the Constitution of India

To:

The Hon’ble the Chief Justice of India and His Companion Justices of the Hon’ble Supreme
Court of India

The humble application of the applicant above mentioned

MOST RESPECTFULLY SHOWETH:

1. That the accompanying Curative Petition has been filed under Article 142 of the
Constitution of India for setting aside the judgment dated 21.12.2018 passed by this
Hon’ble Court in Civil Appeal No. 1234 of 2018, and other connected matters, by which
this Hon’ble Court set aside the judgment and order dated 01.04.2014 rendered by the
Delhi High Court in Writ Petition (Civil) No. 1234 of 2009 on the grounds of abuse of
process of court and gross miscarriage of justice. The present Petitioner/Applicant had
 also filed a review petition, Review Petition (C) No. 21 of 2019, which was dismissed by
circulation vide order 02.11.2018 of this Court. Copy of the true copy of the order dated
02.01.2019 of this Hon’ble Court in dismissing the Review Petition (C) No. 21 of 2019 is
annexed to this petition as Annexure P1.
2. The present Petitioner is seeking to invoke the curative jurisdiction of this Court on the
following grounds.

GROUNDS:

1. Because the impugned judgment has been occasioned by an abuse of process of this
Hon’ble Court and also because the impugned judgment has resulted in gross
miscarriage of justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

(a) Allow the present curative petition and set aside the order dated 02.01.2019 in Review
Petition (C) No. 21 of 2019;
(b) Pass any other or further order(s) at this Hon’ble Court may deem fit in the facts and
circumstances if the present case and in the interest of justice and equity.

AND FOR THIS ACT OF KINDNESS, THE PETITIONERS AS IN DUTY BOUND

SHALL EVER PRAY.

DRAWN BY:

B. Radhika, Advocate

FILED BY
 RADHA KRISHNA

(ADVOCATE FOR THE PETITIONERS)

DRAWN ON: 31/12/2018

FILED ON: 05/01/2019.