Murlidhar Kishanroa Shinde v. Mukind Tukaram Shinde And Others

{1} 901-REVA-62-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO.62 OF 2022 IN WP/34/2022 MURLIDHAR KISHANROA SHINDE

VERSUS

MUKIND TUKARAM SHINDE AND OTHERS ...

Advocate for Applicant : Vivek Vasantrao Bhavthankar Adv. .S. Gangakhedkar For R/1,4 And 5 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 1 st MARCH, 2022 ORDER :

1.

The review is preferred on the ground that at the time of hearing of the writ petition the status quo order could not be pointed out to this Court by the learned advocate for the Petitioner. Perusal of order under review reveals that, that is not the only ground on which the writ petition is dismissed. It is observed in the order that even if the decree is allowed to be executed the land in question would be partitioned amongst the plaintiff and defendants and even if the Petitioner succeeds ultimately in the appeal, the petitioner will be entitled to claim the land falling to the share of his vendor i.e. Bhagyawant Punde

{2} 901-REVA-62-2022 defendant No. 1. In that view of the matter, this Court was of the view that there is no need to grant status quo in favour of the Petitioner. 2.

In the light of above, no case is made out for review. The application stands dismissed.

[NITIN B. SURYAWANSHI] JUDGE Bhagyawant Punde