JUDGMENT :

G.S. Patel, J.

This Review Petition is filed pursuant to a liberty granted by the Supreme Court on 3rd July 2019 in Special Leave Petition (C) No. 14345 of 2019. It seeks a review of our order of 7th June 2019, common in Writ Petition No. 2061 of 2018 and Writ Petition No. 2659 of 2018.

2. In this order we propose to deal with the Review Petition in rather more detail than we would otherwise have done; far more even than the law, at least in our understanding of it, requires us to do. The reason is that we have found, on a careful consideration of the material before us, that this Review Petitioner has for over a year consistently and constantly, and quite deliberately, misled court after court from the Civil Court right up to the Hon'ble Supreme Court itself. As we will demonstrate, statements incorrect to the knowledge of the Review Petitioner are made in every court - and continue to be so made, even in this very Review Petition. We have not only dismissed the Review Petition, but we have done so with heavy costs. We have held the Review Petition, and all litigations initiated by the Review Petitioner, to be the grossest possible abuse of the process of every single court he has approached.

3. We begin by setting out in full the order of the Supreme Court of 3rd July 2019. We do so for it will shortly be evident that even before the Supreme Court, the Review Petitioner was far less than candid. Indeed, he actively canvassed a position he knew to be factually untrue. The Supreme Court order reads thus:

"ITEM NO. 47

COURT NO. 1

SECTION IX

SUPREME COURT OF INDIA

Petition(s) for Special Leave to Appeal (C) No(s). 14345/2019

(Arising out of impugned final judgment and order dated 07-06-2019 in WP No. 2061/2018 passed by the High Court of Judicature At Bombay)

MOHD TALIB HABIB SHAIKH Petitioner(s)

VERSUS

MOHAMMED SIDDAQI HAJI

MOHAMMAD MOMIN & ORS Respondent(s)

(with appln(s) for exemption from filing c/c of the impugned judgment and exemption from filing O.T. and permission to file additional documents/facts/annexures)

Date : 03-07-2019 This matter was called on for hearing today.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE DEEPAK GUPTA

HON'BLE MR. JUSTICE ANIRUDDHA BOSE

For Petitioner(s) Mr. Ajit Kumar Sinha, Sr. Adv.

Mr. Md. Shahid Anwar, AOR

Mr. Zulfiqar Ali Khan, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

ORDER

We are not inclined to interfere in the matter. The special leave petition is, accordingly, dismissed. Pending applications stand disposed of.

However, we grant liberty to the petitioner to move the High Court for review of this order on the ground that the injunction granted by the Trial Court was pursuant to the order of the High Court dated 4.12.2018.

It is stated by learned senior counsel appearing on behalf of the petitioner that demolition of the building has started and the top floor has since been demolished. Till 10th of July, 2019, when the matter will be heard by the High Court, we direct that there shall be no further demolition.

**order be given dasti."

(Emphasis added)

4. The Review Petitioner's submission before the Supreme Court was that the Trial Court granted an injunction 'pursuant' to a order of 4th December 2018 passed by this Court. That order was by a Division Bench of this Court. As we shall see, this statement was incorrect to the Review Petitioner's knowledge even at the time he made it to the Supreme Court.

5. In order to appreciate the controversy, it is necessary to set out a few salient facts. In 2018 there came to be filed two Writ Petitions on the Appellate Side of this Court. Writ Petition No. 2061 of 2018 was filed by one Mohammad Siddique Haji Mohammad Momim ("the Momim Petition"; His name is wrongly spelt in the cause title of the Review Petition.). The companion Writ Petition No. 2