Bai Mamubai Trust And ORS. v. Suchitra W/O. Of Sadhu Koraga Shetty

skc RP-62-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 62 OF 2018 IN WRIT PETITION NO. 9152 OF 2017 Bai Mamubai Trust & Ors.

..Petitioners (Resp. Nos. 1 to 3 in WP) vs.

Suchitra w/o. Sadhu ..Respondent Koraga Shetty (Petitioner in WP) Mr. A. V. Anturkar - Senior Advocate with Mr. M. K. Tanna for Petitioners in Review Petition.

None for Respondents in Review Petition.

CORAM : M. S. SONAK, J.

DATE: 22 JUNE 2018 P.C : (In Chamber) 1] Heard Mr. Anturkar, the learned Senior Advocate for the review petitioners.

2] Most of the contentions raised in the review petition are contentions which can be appropriately considered and decided at the stage of final hearing of the writ petition. This review basically seeks to recall the order by which Rule has been granted in the writ petition. Ordinarily, grant of Rule, is a matter between the petitioner and the Court. There is no error apparent on face of record pointed 1/2

skc RP-62-18.doc out in so far as grant of Rule is concerned. Therefore, this review petition is dismissed. However, since the review petitioners are stated to be suffering from serious prejudice on account of mere admission of the writ petition, it is always open to the review petitioners to apply for expeditious hearing of the writ petition itself. At such hearing, no doubt, the review petitioners will be entitled to urge the contentions now set out in the review petition. However, on the basis of such contentions, it is not possible to exercise review jurisdiction.

3] Accordingly, the review petition is dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) Chandka 2/2