Vishnudas Mohanlal Kudal v. Vasant Rupchand Rathod And Others

12-CA.8311.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8311 OF 2021 IN REVIEW APPLICATION ST. NO.17053 OF 2021 IN WRIT PETITION NO.6497 OF 2020 Vishnudas Mohanlal Kudal ..Applicant Vs.

Vasant Rupchand Rathod and ors.

..Respondents ---- Mr.A.S.More, Advocate for applicant Mr.S.A.Wakure, Advocate for respondent no.1 in Writ Petition Mr.A.G.Vasmatkar, Advocate for respondent nos.4 and 5 in Writ Petition ---- CORAM : R.G. AVACHAT, J.

DATE : JANUARY 04, 2022 ORDER :- Heard.

2.

For the reasons given in the application, delay in filing the Review Application stands condoned.

3.

This is an application for review of the order passed by this Court on 27.01.2021 in Writ Petition No.6497 of 2020. By that order, this Court had upheld the order whereby learned District Judge, in Appeal from Order, had upset the order granting interim injunction. Review of the order passed by this Court is sought on the ground of

12-CA.8311.21 the new facts to have come to the notice of the applicant herein, subsequent thereto. It needs to be mentioned that the order impugned in the Writ Petition was interim order based on prima facie appreciation of material on record. The suit is yet to be heard on merit. Moreover, Order XXXIX Rule 4 of the Code of Civil Procedure speaks of order for an injunction may be discharged or varied or set aside by the Court on the application made thereto by any party dissatisfied with such order.

4.

In view of the above, this Court is not inclined to entertain the application. The Review Application, therefore, stands dismissed.

5.

The applicant may have recourse of Order XXXIX Rule 4 of the Code of Civil Procedure , if so advised, or he may urge the trial Court to decide the suit expeditiously within a time frame. [R.G. AVACHAT, J.] KBP