Devyani Shridhar Mhatre v. The State Of Maharashtra And ORS.

RPW157.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 157 OF 2016 IN WRIT PETITION NO. 9519 OF 2010 Sau Devyani Shridhar Mhatre ... Petitioner Vs

1. State of Maharashtra & Ors.

... Respondents Mr. Sanjay C. Prabhu for the Petitioner.

Mr. C.P. Yadav, AGP, for the Respondent Nos.1 and 2. Mr. G.S. Hiranandani i/b Mr. C.G. Gavnekar for the Respondent Nos.3 and 4.

CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

WEDNESDAY, 30TH NOVEMBER, 2016 P.C. :

1.

The Review Petition was placed for dismissal today, but the petitioner's advocate apologizes for the absence on the earlier occasion. With the consent of the advocates, we have heard the Review Petition for admission.

2.

The petitioner seeks a review of the order passed by this SRP 1/2

RPW157.16.doc Court on 22nd August, 2011. The only submission is that some relevant documents and points were not raised at the time of arguments by the petitioner's advocate when the order under review was passed. We do not think that the averments in paragraphs 2 and 3 of the Review Petition can be taken into consideration to review the order passed by this Court on the writ petition. A review jurisdiction cannot be equated with appeal or revision. This Court cannot go behind the order and find out that if some of the points or documents had been brought to its notice at the relevant time, it would not have passed the order under review. That is not permissible considering the parameters and limited of review jurisdiction.

3.

In the circumstances, the Review Petition is entirely misconceived and is dismissed.

B.P. COLABAWALLA, J. S.C. DHARMADHIKARI, J. SRP 2/2