Sou. Nirmala Prakash Devakar v. Shri. Gopal Dattatray Devakar

Chittewan 1/2 24.CAO 209-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.209 OF 2015 IN REVIEW PETITION (ST.) NO.7834 OF 2015 IN SECOND APPEAL NO.73 OF 2013 Sou. Nirmala Prakash Devakar ...

Applicant

Versus

Gopal Dattatraya Devakar And Others ...

Respondents .....

Mr. Manoj A. Patil for the Applicant.

Mr. Abhay Shinde i/b R.S. Kulkarni for Respondent No.1, 2 and 4 to 7. .....

CORAM : S.C. GUPTE, J.

DATE : 23 MARCH 2017 P.C. :

.

There is a delay in filing the review petition. The delay is condoned and the review petition is taken up for admission. Heard learned Counsel for the parties.

This is a review petition filed by the original Appellants for review of the order passed by this Court on 5 March 2013, dismissing the Second Appeal on the ground that there was no substantial question of law. The subject matter of the Second Appeal concerns the partition of the property. Both Courts below had rendered a concurrent finding of fact, which is unassailable in the Second Appeal. This Court, accordingly, dismissed the Second Appeal, as it was devoid of any substantial question of law.

Chittewan 2/2 24.CAO 209-15.doc There is no ground made out under Order 47 Rule 1 of the Code of Civil Procedure for review of that order. There is no new and important matter or evidence brought before the Court within the meaning of Rule 1. There is no mistake or error apparent on the face of the record shown. There is no other sufficient reason adduced for claiming review. Accordingly, the review petition is dismissed. No order as to costs.

(S.C. GUPTE, J.)