Patna High CourtC. REV./55/2017dismissed

Anju Kumari @ Anju Devi And ANR v. Bibi Salma Khatoon And ORS

2017-07-24Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.55 of 2017 In C.Misc. 8 of 2017 ====================================================== Anju Kumari @ Anju Devi & Anr .... .... Petitioner/s

Versus

Bibi Salma Khatoon & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 24-07-2017 Heard learned counsel Mr. Dhananjay Kumar for the petitioners.

This review application has been filed by the petitioners for review of order dated 18.01.2017 passed by this Court in Civil Miscellaneous No.08 of 2017.

The learned counsel, Mr. Dhananjay Kumar for the petitioners submitted that in fact prior to filing the suit for specific performance of contract the present petitioners' vendor had already purchased the suit property in auction sale in the year 1930 but the petitioners were not made party in the present suit for specific performance of contract and, therefore, the title of the petitioners was never investigated. The learned counsel further submitted that the petitioners are going to file suit challenging the decree passed in the suit for specific performance of contract but

Patna High Court C. REV. No.55 of 2017 (7) dt.24-07-2017 then, if interim relief is not granted, the petitioners shall be thrown out of their residential house.

In view of the submission of learned counsel for the petitioners, in my opinion, these are not the grounds for review. Therefore, on these grounds the order under review cannot be reviewed. However, the petitioners, if so desire, pursue their remedy expeditiously and get their grievance redressed. Thus, this review application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U