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Bombay High CourtRA/93/2015rejected at admission stage

Zimmabai Sakharam Pawar Diedl Through Lrs Sakharam Wasaram Pawar And ORS v. Shaikh Abdullah Shaikh Mohammadsaheb Munshi And ORS

2015-07-20Hon'Ble Shri Justice A. I. S. Cheema3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD REVIEW APPLICATION NO.93 OF 2015 IN APPEAL FROM ORDER NO.96 OF 2007 Zammabai w/o Sakharam Pawar (Died) Per L.Rs.

Sakharam s/o Wasaram Pawar Age-65 years, Occu:Agriculture, R/o-Bortala Tanda, Nagalgaon, Tq-Udgir, Dist-Latur and others ...APPLICATNS

VERSUS

Shaikh Abdullah s/o Shaikh Mohammadsaheb Munshi and others.

...RESPONDENTS ...

None present for Applicants.

None present for Respondents.

...

CORAM: A.I.S. CHEEMA, J.

DATE : 20TH JULY, 2015 ORAL ORDER :

1.

The Applicants and their counsel absent. On

10th July 2015 also no one was present for Applicants. The Review Application is yet not admitted.

2.

Perused the grounds raised in the Review Application. I have also gone through the Judgment passed by this Court. Inter-alia, the grounds for review claim that submissions were made to keep the two Suits separate.

.

This Court had exhaustively heard and considered arguments. This Court considered the history of the litigation and the manner in which the two Suits had proceeded and interest of the parties. This Court considered inter-alia provisions of Explanation VI of Section 11 of the Code of Civil Procedure, 1908 and the other points which were raised. Nothing new is being pointed out. The Review Application does not show any error apparent on the face of record or any of the grounds as required by Order XLVII Rule 1(1) of

the Code of Civil Procedure. Instead of filing the Appeal, the present Review Application is unnecessarily filed. There is no reason to admit the Review Application.

3.

The Review Application stands rejected.

[A.I.S.CHEEMA,J.] asb/JUL15