Shivaji Bhausaheb Bankar v. Jijabai Prqabhakar Alwane And Others

CA 15033/15 in SA 570/15 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15033/2015 IN SECOND APPEAL NO.570/2015 Shivaji Bhausaheb Bankar.

...Applicant..

Versus

Jijabai Prabhakar Alwane & others.

...Respondents...

.....

Shri A.S. Kulkarni, Advocate for applicant.

Shri A.H. Kasliwal, Advocate for respondent no.5. .....

CORAM: T.V. NALAWADE, J.

DATE: 18.11.2015 ORDER :

1] This application is filed virtually for review of the order made by this Court in Second Appeal No.570/2015 on 21.10.2015.

2] Heard learned counsel appearing for the parties. 3] Learned counsel for the applicant submitted that the applicant / appellant was deceived by the judgment debtor but this Court has come to the conclusion that the appellant has joined hands with the judgment debtor and then the transaction was made. The appellant thinks that this finding of the Court will come in the way of the

CA 15033/15 in SA 570/15 - 2 - appellant if he goes to the Court to recover the consideration paid by the appellant to the judgment debtor's daughter. For that, he wants the deletion of that finding from the order made by this Court. 4] After considering all the circumstances, this Court has made such an observation and has come to that conclusion. There is no possibility of changing that view as it is a finding and on the basis of the record, such a finding is given by this Court. The application stands rejected.

(T.V. NALAWADE, J.) ndk/c18111535.doc