Gulabidevi Ramjivan Shukla (Since Deceased) Thr. Lrs. Ashok Ramjiwan Shukla v. Aasharam Mitrasen Jain (Since Deceased) Thr. Lrs. Anant Aasharam Jain

ssm 1 11-rpc4.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 4 OF 2022 IN CIVIL REVISION APPLICATION NO. 242 OF 2021 Gulabidevi Ramjivan Shukla (Since Deceased) Thr. Lrs.

Ashok Ramjiyawan Shukla & Anr.

.....Petitioners Vs.

Aasharam Mitrasen Jain (Since Deceased) Thr. LRs.

.....Respondents.

Mr. Murtaza Najmi a/w Mr. Mustafa Shabbir Shamim i/by Shamim & Co. for the Petitioners.

Mr. Shreepal Murthy a/w Abhishek Patil i/by Sujeet R. Bugade for the Respondents.

CORAM : A. S. GADKARI, J.

DATE : 8th JULY, 2022.

P.C.:- By the present Review Petition, the Petitioners have sought review of Order dated 16th December, 2021 passed in Civil Revision Application No.242 of 2021.

Heard Mr. Najmi learned counsel for the Petitioners at length and Mr. Murthy learned counsel for the Respondents. Perused record. Having heard the learned counsel for the Petitioners, this Court is of the view that, no ground for review of Order dated 16th December, 1/2

ssm 2 11-rpc4.22.doc 2021 is made out. It is the settled position of law that, a Review cannot be equated with an Appeal and new grounds cannot be considered in it. This Court, after taking into consideration the relevant material and documents which were produced before this Court at the time of hearing of the said Revision Application No.242 of 2021, has rightly dismissed the said Application.

In view thereof, this Court finds that there are no merits in the present Review Petition.

Review Petition is accordingly dismissed.

(A.S. GADKARI, J.) Digitally signed by SANJIV SHARNAPPA MASHALKAR Date:

2022.07.14 17:49:31 +0530 SANJIV SHARNAPPA MASHALKAR 2/2