Mr. Mansur Haidarali Cyclewala (Deceased) Thr.Lrs. Hussain Mansur Cyclewala And ORS v. Municipal Corporation Of Greater Mumbai

Laxmi Sontakke 1/2 902 CAA 1029-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1029 OF 2019 IN APPEAL FROM ORDER NO.737 OF 2016 Hussain son of Mansur Cyclewala ...Applicant.

IN THE MATTER BETWEEN

Mansur Haidarali Cyclewala ...Appellant.

Vs.

Municipal Corporation of Greater Mumbai

...Respondent.

......

Ms. Sonal a/w Mr. Abbas Zaidy I/b Zahair H. Zaidy for the Applicant. Mr. Madhuri More for Respondent.

.......

CORAM : S.C. GUPTE, J.

DATED : 30 AUGUST 2019 P.C. :

Heard Learned Counsel for the parties.

2.

This Civil Application seeks recall of an order passed on 11th September, 2018 in Appeal from Order No. 737 of 2016. By this order the Appeal was disposed of. The Applicant before the Court in the present Civil Application was represented in the Appeal from Order by an Advocate. After hearing the parties, the order of 11th September, 2018 was passed.

3.

There is no case of discovery of any new fact or evidence which, after exercise of due diligence, was not within the knowledge of the Applicant herein or could not be produced by him when the order was

Laxmi Sontakke 2/2 902 CAA 1029-19.doc passed. There is also no case of any mistake or error warranting a review of the order of 11 September, 2018.There is equally no sufficient reason why a review needs to be obtained. Thus, there is no merit in the Civil Application.

4.

The Civil Application is dismissed.

( S.C. GUPTE, J. )