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Bombay High CourtRA/58/2015dismissedrule discharged

Dhondiram Shahajirao Sirsale Died Lrs Sajabai And Others v. Kishan Agroya And Another

2016-01-13Hon'Ble Shri Justice T.V. Nalawade2 pages

1 RA 58 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 REVIEW APPLICATION (CIVIL) NO. 58 OF 2015 IN SA/781/2005 WITH CA/14/2016 IN RA/58/2015 WITH CA/10785/2015 IN RA/58/2015 DHONDIRAM SHAHAJIRAO SIRSALE DIED LRS SAJABAI AND OTHERS

VERSUS

KISHAN AGROYA AND ANOTHER -------- Shri. S.S. Chaudhari, Advocate, for the applicants. ---------- CORAM: T.V. NALAWADE, J.

DATE : 13th JANUARY 2016 ORDER:

1) Heard learned counsel for the original appellant. This Court has decided the second appeal on merit and all the substantial questions of law formulated by this Court (other Hon'ble Judge) are answered against the appellant.

2) Today, learned counsel made submission that there is no pleading of the respondent that the portion was in use as a road and there are other circumstances

2 RA 58 of 2015 which need to be considered. The submissions advanced show that the applicants want to re-appreciate the oral as well as documentary evidence by this Court which is not permissible. If there is grievance it is open to the applicants to challenge the decision. Considering the scope of review this Court holds that it is not possible to reconsider the decision given by this Court. In the result, review application is dismissed. Pending civil applications are disposed of.

Sd/- (T.V. NALAWADE, J. ) rsl