Mohan D. Chugh v. Shri. Hitendra Bastimal Rathod And ORS.

Sherla V.

wp.6651.2017_507.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6651 OF 2017 Mohan D. Chugh ... Petitioner Vs.

Hitendra B. Rathod & Ors.

... Respondents Mr.J.P. Singh for the Petitioner Ms.Pooja Kshirsagar i/b Y.N. Adhia for Resp. Nos.1 & 2 CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JULY 14, 2017 P.C. :

1.

Not on Board. Upon urgent mentioning, taken on Production Board.

2.

This petition is filed against the order dated 20.3.2017 passed by the learned City Civil Court at Dindoshi, Mumbai, thereby rejecting the Review Application No.3 of 2015 in Suit No.1783 of 2015. Interim relief was granted to the plaintiffs i.e., the present respondent Nos.1 and 2 on 3.7.2015.

3.

It is the case of the petitioner that it was granted ex-parte as he could not remain present. He filed a review application against

wp.6651.2017_507.doc the said order. The learned trial Judge has observed that there is little scope for review in view of Order 47 of the Civil Procedure Code and hence, rightly rejected the same. The impugned order is neither illegal nor perverse. The learned Counsel for the petitioner submits that he wants to file appropriate proceedings challenging the said order of 3.7.2015.

4.

The petition is therefore dismissed summarily. (MRIDULA BHATKAR, J.)