Siddharth Krishnaji Jogdand v. Dr.B.A.M.U.A'Bad

{1} ca6869-02 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6869 OF 2002 IN SECOND APPEAL NO.473 OF 2000 Siddharth Krishnaji Jogdand APPLICANT

VERSUS

Dr. Babasaheb Ambedkar Marathwada University, Aurangabad RESPONDENT .......

Mr. S. S. Choudhari, Advocate for the applicant .......

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

1.

Heard learned advocate for the applicant.

2.

This application is filed seeking review of the order dated 21st February, 2001 in second appeal No.473 of 2000. 3.

The review applicant is the original plaintiff, who had been to the court for seeking perpetual injunction against the defendant.

4.

Trial as well as appellate courts appear to have found that the plaintiff was not in possession of the property on the date of the suit.

{2} ca6869-02 5.

Learned advocate for the appellant purports to submit that this finding may not be in consonance with the facts, for, it was during pendency of the suit, the plaintiff got dispossessed and, therefore, the trial court went on to hold that in such a case, the suit ought to have amended seeking possession. 6.

The basis on which the title had been claimed had been dwelt over by the appellate as well as trial courts and even this court in paragraphs No.3 and 4 of the order under review. 7.

Having regard to the discussion as is appearing in said paragraphs, it does not appear to be a case wherein it can be said to contain any reason to have review of the order passed, much less any error apparent on the face of record and having regard especially to the time gap with which this application has come.

8.

Civil application seeking review, as such, stands rejected. 9.

In view of rejection of review application, civil application No.6870 of 2002 does not survive and stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca6869-02