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Bombay High CourtRPS/11/2015dismissed

1) Dadanamdev Karche ( Since Deced. Thro. L. H. ) 1a) Smt. Tarubai Dada Karche And ORS. v. 1) Smt. Hausabai Dashrath Rane And ORS.

2015-07-06Hon'Ble Smt. Justice R.P. Sondurbaldota2 pages

Dusane 1/2 RPST7580.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST.) NO.7580 OF 2014 IN SECOND APPEAL NO.36 OF 2013 Dada Namdev Karache ....

Petitioners (since deceased thru' his legal heirs) & Ors.

Vs.

Housabai Dashrath Rane & Ors.

....

Respondents Mr. Rajaram V. Bansode, Advocate for the Petitioners. None for the respondents.

Coram : Smt. R.P. SondurBaldota, J.

Date : 6th July, 2015 P.C.

This petition is for the review of the order dtd. 13th February, 2013, by which Second Appeal preferred by the appellant is dismissed. Mr. Bansode, the learned advocate for the petitioners states that the review sought is only on ground (e) stated at page 8 of the review petition. At ground (e), the applicant contends that allotment of 1/6th share in the suit property to the petitioners would be affected by the Bombay

Dusane 2/2 RPST7580.2014 Fragmentation and Consolidation Holdings Act because the suit property had been allotted to petitioner no.1 under Fragmentation and Consolidation Scheme in the year 1975. Therefore, unless the consolidation scheme is modified or amended, no order affecting such scheme can be passed. No such contention was raised by the petitioner at any point of time, not even in the second appeal. There is no ground made out for review of the order. Hence, the Review Petition is dismissed.

(Smt. R.P. SondurBaldota, J)