JUDGMENT :

1. This intra court appeal has been preferred against order dated 25.09.2014 passed in OWP No. 702 of 2013 whereby preliminary objection raised by the deceased-appellant regarding the maintainability of the second writ petition filed by the respondent Nos. 1 to 3, has been rejected and order dated 14.09.2015 whereby the review petition filed against order dated 25.09.2014 has been dismissed with costs of Rs. 10,000/- by the learned Single Judge.

2. During the pendency of present appeal, the challenge thrown to the order dated 14.09.2015 passed in review petition before the learned Single Judge was withdrawn by the appellant.

3. The present appeal has been filed by the appellant impugning the judgment dated 25.09.2014 primarily on the ground that the finding recorded by the learned Single Judge that the order dated 14.05.2013 was passed in presence of the deceased-appellant in OWP No. 418 of 2013 is factually incorrect and as a matter of fact, no such statement was made on 25.09.2014 by either of the counsels who appeared on behalf of the deceased- appellant. Rather the fact remains that neither the deceased-appellant nor his counsel was present on 14.05.2013 when the first