Brijraj Bhavarilalji Sanghavi And Another v. Amrutraj Bhavarilalji Sanghavi Died Thr Lrs Ritesh And Others

{1} ra236-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO. 236 OF 2023 IN WRIT PETITION NO.5887 OF 2017 Brijraj Bhavarilalji Sanghavi and Another APPLICANTS

VERSUS

Amrutraj Bhavarilalji Sanghavi (Died) LRs & Ors. RESPONDENTS .......

Mr. S. S. Kazi, Advocate for the applicants .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 11 th AUGUST, 2023 ORDER :

1.

This application is filed seeking review of the order dated 20th June, 2023, passed in Writ Petition No. 5887 of 2017. 2.

Learned advocate for the applicants submits that though it is contended in the written statement that by way of partition, the suit properties are given to the share of the plaintiffs, there is no actual partition between the parties by metes and bounds and only notional partition was done and the plaintiffs have not given their share, by fixing boundary marks nor the defendants have put boundary marks to the land which has fallen to their shares.

{2} ra236-23.doc 3.

This Court, at the time of deciding the writ petition, has considered the submissions, documents placed on record and the impugned order and by considering the record, has dismissed the writ petition, in which the order passed by the Trial Court, dismissing the application filed by the plaintiffs under order 6, Rule 17 of the Civil Procedure Code, is upheld. 4.

Learned advocate for the applicants is trying to argue the writ petition on merits again. No case is made out for review. The review application is dismissed.

[NITIN B. SURYAWANSHI] JUDGE drp/ra236-23.doc