Smt. Yekkal Parwati Pereyya v. Smt. Tukabai Kashinath Bengereddy (Since Deceased) Through His L.Rs.

DSS 29-cra-678-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 678 OF 2014 Yekkal P. Pereyya .. Applicant vs.

Kum. Alka Kashinath Bonge & ors.

.. Respondents Ms Anita S. Castellino i/b B. Castellino for the Applicant. Mr. Mohan Pawar for the Respondents.

CORAM :

M. S. SONAK, J.

DATE : 10 JUNE 2015.

P.C. :- 1] The applicant has already instituted a revision application before the Appellate Bench of the Small Causes Court for reviewing the impugned order dated 4 March 2014 in Appeal No. 238 of 2002 and the same is pending final disposal.

2] In view of the aforesaid, there is no reason to entertain the present civil revision application. However, since interim protection had been granted in this civil revision application, the same shall continue until the disposal of review petition by the Appellate Bench of the Small Causes Court. In case the review petition is dismissed by the Appellate Bench of the Small Causes Court, the interim protection shall continue for a period of six weeks from the date of dismissal of the review petition.

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DSS 29-cra-678-14 3] It is made clear that this Court has not gone into the merits of the matter and therefore, it will be open to the Appellate Bench of the Small Causes Court to decide the review petition on its own merits and in accordance with law as well as uninfluenced by the circumstance that this revision petition is not being entertained, at this stage.

4] With the aforesaid observations, this revision application is disposed of.

(M. S. SONAK, J.) dinesh 2/2