Shri. Vinod Nimbaji Sonar v. Malegaon Education Society And ORS.

17-RPW-155-2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 155 OF 2010 IN WRIT PETITION NO. 4878 OF 2009 Vinod Nimbaji Sonar ...

Petitioner

Versus

Malegaon Education Society and others ...

Respondents .........

None for the Petitioner.

Mr. H.S. Shinde instructed by Mr. M.M. Sathaye for Respondent Nos.1 to 5.

Mrs. S.S. Bhende, AGP for the State.

.........

CORAM :

NITIN JAMDAR AND N.R. BORKAR, JJ.

DATED :

5 AUGUST 2022 P.C. :- None for the Petitioner. The learned Counsel for Respondent Nos.1 to 5 and the learned AGP are present. 2.

The Petitioner has sought to review the order dated 19 April 2010 passed by the Division Bench (Coram : P.B. Majmudar and R.G. Ketkar, JJ.). Since both the learned Judges are not available, the matter is placed before us as a special bench. Kanchan P Dhuri 1 / 2

17-RPW-155-2010.odt 3.

The Writ Petition was disposed of by giving liberty to the Petitioner to seek appropriate relief in the pending suit and was also granted liberty to make necessary amendment. The Review Petition is filed on merits of the order inter-alia contending that the amendment cannot be granted because it might change the nature of the Suit. This cannot be a ground to exercise the review jurisdiction. 4.

The Review Petition is rejected.

( N.R. BORKAR, J. ) ( NITIN JAMDAR, J. ) by KANCHAN PRASHANT DHURI Date: 2022.08.11 14:31:25 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2