Shri. Mahendra Vasudeo Purohit And ANR v. Shri. Vinod Prabhakar Yewale And ORS

1 35) wp14011-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14011 OF 2018 Mahendra Vasudeo Purohit ..Petitioner.

V/s.

Vinod Prabhakar Yewale & Ors.

..Respondents.

Mr.Ramesh S.Bhalerao for the petitioner.

None for the respondents.

CORAM : M.S.SONAK, J.

DATE : APRIL 12, 2019 P.C.:- Heard Mr.Bhalerao, learned counsel for the petitioner. 2.

Challenge in the petition is to the order dated October 8, 2018 by which learned trial Judge has allowed the review petition instituted by the respondents in terms of the provisions of Order 47 Rule 4 of the Code of Civil Procedure ('the CPC' for short). Order 43 Rule 1(w) of the CPC provides an appeal against an order made under Order 47 Rule 4 of the CPC, therefore, there is no necessity to entertain the present petition.

3.

Accordingly, this petition is disposed of, but liberty is

2 35) wp14011-18.doc granted to the petitioner to institute an appeal against the impugned order.

4.

It is recorded that the impugned order was made on October 8, 2018, this petition was instituted on November 27, 2018 and it remained pending till date in this Court.

(M.S.SONAK, J.)