Vasantalata Kom Vimalanand Mirjankar v. Deepa Mavinkurve - Art.136, 141 Constitution - Second SLP After Dismissal Of First

Constitution of India - Article 141 - Precedent - Just because the issue has been referred to a larger Bench does not mean that the Court in the interregnum will not abide by the binding law in terms of Article 141 of the Constitution. (Para 10)

Constitution of India - Article 136 - SLP dismissed against HC judgment on the ground that no ground for interference is made out in exercise of jurisdiction under Article 136 - Thereafter HC dismissed review petition - Dismissing second SLP, SC observed that it is an abuse of process of Court as it amounts to re-litigation and to entertain the present SLP would amount to challenging one of the foundation pillars of Rule of law namely finality in litigation.

Case Info

Case Name and Neutral Citation

  • Case Name: Vasantalata Kom Vimalanand Mirjankar Rep. by G.P.A. Holder v. Deepa Mavinkurve & Ors.
  • Neutral Citation: SLP (Civil) Diary No(s). 36933/2025, Supreme Court of India, Order dated 01-09-2025

Coram

  • Hon’ble Mr. Justice Manmohan
  • Hon’ble Mr. Justice N.V. Anjaria

Judgment Date

  • Date of Judgment: 1 September 2025

Caselaws and Citations Referred

  1. S. Narahari and Ors. vs. S.R. Kumar and Ors.
    • Citation: (2023) 7 SCC 740
  2. Kunhayammed and Ors. vs. State of Kerala and Anr.
    • Citation: (2000) 6 SCC 359
  3. Khoday Distilleries Ltd. and Ors. vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. Kollegal
    • Citation: (2019) 4 SCC 376
  4. T.K. David vs. Kuruppampady Service Cooperative Bank Limited & Ors.
    • Citation: (2020) 9 SCC 92
    • Ask Dia: T.K. David v. Kuruppampady Service Cooperative Bank Limited & Ors.

Statutes/Laws Referred

  • Article 136 of the Constitution of IndiaAsk Dia: Article 136 of the Constitution of India
  • Article 141 of the Constitution of IndiaAsk Dia: Article 141 of the Constitution of India
  • Section 114 of the Code of Civil Procedure, 1908 (CPC)Ask Dia: Section 114 of the Code of Civil Procedure, 1908
  • Order XLVII Rule 7 CPCAsk Dia: Order XLVII Rule 7 of the Code of Civil Procedure, 1908