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Bombay High CourtCA/4283/2004disposed offdismissed for default

Baburao Bapurao Kardile And ORS v. Rakhmabai Vithal Kardile And ORS

2016-01-22Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

{1} ca4283-04 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4283 OF 2004 IN SECOND APPEAL NO. 660 OF 2003 Baburao Bapurao Kardile & Others APPLICANTS

VERSUS

Rakhmabai Vithal Kardile & others RESPONDENTS .......

Mr. V. S. Bedre, Advocate for the applicants Mr. A. V. Patil h/f Mr. N. B. Suryawanshi, Adv. for respondents .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 22 nd JANUARY, 2016 ORDER :

1.

Learned advocate appearing for the respondents states that the purport underlying review application does not survive since decree has been executed.

2.

Mr. Bedre, learned advocate appearing for the applicants states that he has no instructions.

3.

The review application has been moved contending that certain properties are excluded from execution and this particular aspect had been missed out and the second appeal had been dismissed. However, this may not be sufficient ground

{2} ca4283-04 for review of said order, for, the order does not appear to suffer from any material defect and there is no error apparent on the face of record nor it is a case wherein some material is placed to show something has been missed out as is sought to be contended.

4.

There does not appear to be any ground for review and having regard to that decree is already executed, there is little substance in the matter.

5.

Review application as such, stands disposed of. Pending civil application, if any, stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca4283-04