Adam Bandubhai Nadaf (Pinjari) Since Deceased Thr. Lrs v. Malharrao Bhavanji Rajemahadik (Since Deceased Thr. Lrs)

rpa 1/2 rps-13-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 13 OF 2015 IN SECOND APPEAL NO. 393 OF 2010 Adam B. Nadaf (Pinjari) & Ors.

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Petitioners V/s.

Malharrao B. Rajemahadik & Ors.

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Respondents ......

Mr. B. V. Bansode, Advocate for the Petitioners. None for the Respondents.

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CORAM : R. K. DESHPANDE, J.

DATED :

AUGUST 14, 2015.

P.C.

Heard the learned counsel appearing for the petitioners/applicants. The question raised is about the proper description of the suit property. The learned counsel has invited my attention to the ground of challenge raised in the Memo of Appeal filed before the Lower Appellate Court to show that two points were raised before the Appellate Court. This Court has already held that neither the trial Court had framed issue nor ground of challenge was raised in the Memo of Appeal. Apart

rpa 2/2 rps-13-15.doc from this, the description of the property which involves the disputed question of fact and before the Appellate Court the prayer has to be made to remand the matter. This has not been done. I do not find any ground to entertain this Review Petition. Hence, it is dismissed.

JUDGE