Mr. Freddy Xavier Misquitta v. Mrs. Goretti David W/O. Mr. Rockland David

903 rpf14-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.14 OF 2015 IN FIRST APPEAL NO.163 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.J.G.Damani for the petitioner Ms.Rupali T. Pandit i/b Ms.Eventa Gonsalves for the respondent

CORAM

: K.K.TATED, J.

DATED : 27/10/2015 PC:

Heard the learned counsel for the parties.

This petition is filed by the intervener for recalling the order dated 17.6.2015 passed by this court in Civil Application No.3743 of 2014.

The petitioner filed Civil Application No.3743 of 2014 for allowing them to intervene in the First Appeal No.163 of 2010 filed by the respondent original appellant challenging the judgment and decree dated 18.1.2010 passed by the Civil Court at Dindoshi (Borivali Division), Goregaon, Mumbai in L.C.Suit No.441 of 2007.

This Review Petition is filed by the Intervener Mohite 1/2

903 rpf14-15.doc on the ground that this court by order dated 12.2.2008 in Writ Petition No.939 of 2008 permitted the petitioner to intervene in the present proceeding. He also submits that by that order, this court directed the Trial Court to decide L.C.Suit No.441 of 2007 with S.C.Suit No.389 of 2006.

Heard the learned counsel for the petitioner at length.

The entire endeavour is only to re-argue the matter. That cannot be allowed.

Hence, Review Petition stands rejected.

(K.K.TATED, J.) Mohite 2/2