Surekha Narayan Meher And ORS v. Bhaskar Walku Meher And ORS

2023:BHC-AS:31473-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 84 OF 2023 IN WRIT PETITION NO. 4518 OF 2023 Surekha Narayan Meher And Ors

...Petitioners

Versus

Bhaskar Walku Meher And Ors

...Respondents

Mr. Jayendra Khairnar a/w Devidas Batkondle a/w Mufeez Ansari a/w Ankita Hajare, Advocates for Petitioner in RPW/Original Respondent Nos. 6 to 14 and 16 to 18. Shri. A.I. Patel, Addl G.P. with Smt. M.S. Bane, AGP for the State Respondent Nos. 3 to 5 and 7.

Mr. Prathamesh Bhargude a/w. Sumit Sonare a/w Sharad Dhore, Advocates for Respondent No. 1 in RPW/Original petitioner in WP.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : OCTOBER 18, 2023 P. C.

1.

The above Review Petition is filed seeking a review of the Order passed by this Court on 28th August, 2023. We fail to understand how a Review is filed because the said Order is passed on the basis of the statements recorded on behalf of the Respondent No. 6 to 14 and 16 to

18 and who are the current review petitioners. It appears that this Review Petition is nothing but an attempt to get out of the statements made and recorded by us in the Order dated 28th August, 2023. Thus we find that the Review Petition is wholly misconceived and it is accordingly dismissed.

2.

Under normal circumstances, we would have imposed very heavy costs in such a frivolous Review Petition. However it is only because of the persuasive skills of Mr. Khairnar, that we refrain from doing so. In these circumstances, there shall be no Order as to costs. 3.

At this stage, Mr. Khairnar, the learned advocate appearing on behalf of the Review Petitioners (Original Respondent Nos. 6 to 14 and 16 to 18) submitted that some further time be granted to deposit the amount of Rs. 42 Lakhs with the Reference Court as directed under Order dt. 28th August, 2023. He has, on instructions, stated that the Review Petitioners (Original Respondent Nos. 6 to 14 and 16 to 18) are accepting not only this order but also the Order dated 28th August, 2023 and they shall not challenge the same. Considering this statement, and which is accepted as an undertaking given to the Court, we direct that the sum of Rs. 42 Lakhs shall be deposited with the Reference Court on or before the 4th December, 2023.

4.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]