Vijay Surajmal Kanodia v. Prabhakar Govind Patil And ORS

rpw-111.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.111 OF 2015 IN WRIT PETITION NO.8046 OF 2014 Vijay Surajmal Kanodia : Petitioner.

Versus

Prabhakar Govind Patil and ors.

: Respondents.

Mr. Dakshesh Vyas i/by Law Chamber of Siddharth Murarka for the Petitioner.

CORAM :

R. M. SAVANT, J.

DATE :

26th October 2015 P.C.

The review is sought on the basis of the observations made in paragraph 3 of the order dated 04/08/2014 of which the review is sought. In the above Review Petition in prayer clause-1 the relevant excerpt from paragraph 3 is reproduced therein. The said excerpt has been reproduced out of context as the earlier part of the relevant line has not been reproduced. The relevant excerpt reads thus :- "The MRT held that without challenging the order of forfeiture under Section 84C, the Petitioner had challenged the order of allotment made under Section 84C(4) and it is after he has failed in the Appeal against the order allotting the land to the said P G Patil lgc

rpw-111.15 that he has chosen to file the Appeal against the order dated 29-3-2007 passed by the Tahsildar."

The above Review Petition has been filed on a wrong premise that it is this Court which has recorded findings when in fact this Court has only referred to the findings recorded by the MRT. No case for review under any of the eventualities mentioned under Order XLVII of the Code of Civil Procedure is therefore made out. The above Review Petition is accordingly dismissed. [R.M.SAVANT, J] lgc