Al-Falah Society And ORS v. Municipal Corporation For Greater Mumbai And ANR

Review 3228 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST) NO.32228 OF 2016 IN APPEAL FROM ORDER NO.106 OF 2015 Al Falah Society and ors .... Applicant V/s.

Municipal Corporation of Greater Bombay and ors .... Respondent.

Mr. Rushabh Mahesh Sheth, for the Applicant.

Mrs. Madhuri More, for the Respondent corporation. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 9th DECEMBER, 2016.

P.C. :

1.

Heard learned counsel for the petitioner and learned counsel for respondent corporation.

2.

This Petition is filed for review of order dated 4th October, 2016, passed by this Court, in Appeal From Order No.106 of 2015. 3.

The perusal of the grounds raised in the review petition makes it clear that the petitioner is not asking for review of the order, but challenging the order, as if it is an appeal from the order. The scope of review petition, is very limited and in the limited scope, the grounds raised in this petition do not fall. Whatever the grievance, the petitioner may be having against the order of this Court, the petitioner has a remedy to challenge this order before higher forum.

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Review 3228 OF 2016.doc 4.

As regards the ground raised in paragraph Nos. (s) of the petition, on which much reliance is placed by learned counsel for petitioner, it is clearly in the nature of an after thought as by this ground, petitioner wants to shift the blame on his advocate by contending that his advocate made an incorrect statement. In such situation, the authority relied upon by learned counsel for the petitioner in case of Board of Control for Cricket, India and anr -vs- Netaji Cricket Club and ors1. cannot be made applicable to the facts of the case. 5.

Even as regards the ground made in paragraph No.(r) of the petition, on which again much emphasis is led by learned counsel for the petitioner, when this Court has already considered fully the matter, such ground also cannot be advanced so as to review the order passed by this Court.

6.

This Review Petition is, thus, last ditch attempt to stall the action of the Municipal Corporation against demolition of dilapidated building. Hence I do not find any merit in the same. 7.

The Review Petition stands dismissed accordingly. [DR. SHALINI PHANSALKAR JOSHI, J.] Manu SC 0019/2005 2/2