Mithu Sadarangani v. Faridoon M. Gamadia And ANR

YBG 2-as-rpa-8-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.8 OF 2017 IN APPEAL FROM ORDER NO.220 OF 2017 Mithu Sadarangani ..

Petitioner

Versus

Faridoon Gamadia & Ors.

..

Respondents Mr. Pankaj Pandey i/b. Sachin Pawar for petitioner Mr. Chirag Shah with Ms. Kavita Dhamuka i/b. Jitendra Shah for respondent Nos. 1 and 2.

CORAM

:

S.C.GUPTE, J.

DATE :

20th July 2017.

P.C.

1] Heard learned Counsel for the parties. This application for review of an order passed on the Appeal from Order is made by a third party applicant, who claims to be a member of the society in which the suit flat is situated. The applicant's chamber summons for being impleaded as a party defendant in the suit filed by the appellants in the City Civil Court, Mumbai is pending before that court. The order under review simply sets aside the ad-interim order passed by the City Civil Court refusing ad-interim reliefs to the

YBG 2-as-rpa-8-17 appellants (original plaintiffs). Nothing is pointed out to the Court either by way of discovery of any new or important matter or evidence which was not before the Court when the order was passed or that there is some mistake or error apparent on the face of record or that there is any other sufficient reason why the order should be reviewed.

2] Such grounds, as the present applicant has, to show cause against any relief claimed by the appellants (original plaintiffs) before the City Civil Court, Mumbai in their notice of motion, may be urged by the applicant before that court and after getting himself impleaded, if law permits him to do so. The review petition is, accordingly, dismissed. No orders as to costs. ( S.C.GUPTE, J.)