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Bombay High CourtCAW/2226/2014

Ahmedsaheb Fariksaheb Kokani (Since Decd) Through Lrs. Rafique Ahmedsaheb Kokani And ORS v. Shri Mohammedsaheb Hasansaheb Khatib (Decd.) And ORS

2016-12-14Hon'Ble Shri Justice R.M. Savant.2 pages

(1)-CAW-2226-14.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2226 OF 2014 IN WRIT PETITION NO.4817 OF 1999 Ahmedsaheb Fakirsaheb Kokani (Since deceased through his legal heirs) Rafique Ahmedsaheb Kokani and others ..Applicants

Versus

Shri. Mohammed Hasansaheb Khatib (Since deceased through his legal heirs) Smt. Mehra Mohammed Khatib (Since deceased through her legal heirs) Shri. Zaid Mohammed Saheb Khatib and others ..Respondents Mr. S. G. Kudle for the Applicants.

Mr. M. M. Sathaye for the Respondent Nos.2 to 10. Mrs. V. S. Nimbalkar, AGP for the Respondent Nos.11 & 12. CORAM : R. M. SAVANT, J.

DATE : 14th DECEMBER, 2016 P.C.

The above Civil Application has been filed for amending the Petition for seeking the following reliefs :­ "(a) This Hon'ble Court be pleased to direct the Respondents no.11 and 12 to restore the possession of C.T.S. No.3762 to the Petitioner, thereby getting demolished unauthorized structure constructed by Respondents No.2 to 10 providing the amount of compensation in the sum of Rs.1 (One Crores) for compensation of old post office building and cost of construction which is required to be rebuilt the old post office building with a view to maintain the status­quo anti.;"

BGP.

(1)-CAW-2226-14.doc.

In so far the above Writ Petition is concerned, the principal relief sought is vide prayer clause (a) :­ "(a) the impugned Judgment and Order dated 1.3.1999 may kindly be quashed and set aside and the delay in filing the Review Application may kindly be condoned and the matter be remanded back for hearing on merits;" Hence vide the said substantive prayer clause (a), the Petitioner is seeking quashing and setting aside of the judgment and order dated 01.03.1999 by which order, the delay in filing the Review Petition by the Petitioner has not been condoned. Hence, the relief sought to be incorporated vide the amendment sought is also beyond the scope of the above Writ Petition. Hence, the amendment sought cannot be acceded to. The Civil Application is accordingly rejected. [R.M.SAVANT, J] BGP.