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Bombay High CourtRPW/2/2014dismissed

Hussein Khan Abdullah Khan (Decd) Throug L/R'S Farida H. Pathan And ANR v. Dadaji Waman Khairnar

2013-12-24Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

{1} rpwst2391-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION ST.NO.2391 OF 2012 IN WRIT PETITION NO.4857 OF 2010 Hussein Khan Abdullah Khan and Ors.

.. Petitioners

Versus

Dadaji Waman Khairnar .. Respondents Mr.A.R.Shaikh for petitioners CORAM : S.C.DHARMADHIKARI, J.

DATE : 24th December 2013.

P.C.:

1] Heard Mr.Shaikh for original petitioners/ applicants. Perused the review petition and the order under review. 2] In para 8 of the order under review, a specific reference is made to the fact of the records and proceedings being called for in this court. These records and

{2} rpwst2391-12.doc proceedings were inspected by both sides. The record indicates fixation of price and issuance of notice. 3] The record contains the report of Talathi Saja, Dondgaon. In these circumstances, to now accept the arguments of Mr.Shaikh would mean, I am sitting in appeal over my own judgement. This is not a case where the review petition seeks review of my order on the footing that any of the ingredients under section 114 read with Order XXXXVII Rule 1 of CPC are attracted. This is one more attempt to raise the very arguments which have been considered in the order under review. For this reason, I do not find any merit in the review petition. It is accordingly dismissed. No costs. (S.C.DHARMADHIKARI, J)