Bombay High CourtCAW/2751/2016disposed off

Smt. Rangubai Anandrao Murkute And ORS v. Shri. Bhika Ganpat Murkute (Since Deceased) Through Heirs And Legal Ashok Bhika Murkute And ORS

2016-10-24Hon'Ble Smt. Justice R.P. Sondurbaldota2 pages

Rane * 1/2 * CA-2751-2016 Monday, 24.10.2016 sr.no.28

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2751 OF 2016 IN WRIT PETITION NO. 8145OF 2011

1. Smt. Rangubai Anandrao Murkute and Ors.

.....Petitioners V/s.

1. Shri. Bhika Ganpat Murkute Since deceased through heirs and Legal Representatives, 1A. Shri. Ashok Bhika Murkute & Ors.

.....Respondents * * * * * * Mr. Rameshwar N. Gite, Advocate for the applicant. Mr. Sachin S. Padaye i/by. Mr. Girish R. Agrawal, Advocate for respondents no.1A to 1F.

CORAM :- SMT. R.P. SONDURBALDOTA, J.

DATED :- 24TH OCTOBER, 2016.

P.C. :- 1).

This Civil Application is for recall of the order dated 4th July, 2014 passed in Civil Application No. 2053 of 2013 and for restoration of Writ Petition No. 8145 of 2011. The Civil Application as filed is not maintainable because the order sought to be recalled dated 4th July, 2014 was passed on the Civil Application for identical

Rane * 2/2 * CA-2751-2016 Monday, 24.10.2016 sr.no.28 reliefs. It passed on consideration of merits of the applicants claim. Hence, the only course open to the applicant was to approach the higher Court and not file another application for the same relief. The Civil Application is therefore dismissed. (SMT. R.P. SONDURBALDOTA, J)