Bhaskar Dada Gaware L.Rs. Chandrakala And Others v. Abasaheb Bhaskar Gaware And Others
2024:BHC-AUG:28735 ( 1 ) ca13015.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 13015 OF 2024 IN REVIEW APPLICATION (CIVIL) NO. 235 OF 2024 BHASKAR DADA GAWARE LRS. CHANDRAKALA AND OTHERS
VERSUS
ABASAHEB BHASKAR GAWARE AND OTHERS Ms.R.S. Pathak, Advocate for the applicants.
Mr.R.L. Kute, Advocate for respondent Nos. 1 to 4,6 and 7.
CORAM
: KISHORE C. SANT, J.
DATE : 05.12.2024 PC :- 01.
Heard learned Advocates for the parties for long time. No any ground is made out to consider this application for review. The review application is clearly an attempt to delay the execution proceeding. The execution proceeding is already filed in the Trial Court. This Court repeatedly asked as to what is error apparent on the face of record, the learned Advocate for the applicant is not in a position to answer said question and instead wanted this Court to look into other aspects, which were not for consideration before this Court while deciding the Second Appeal. The Second Appeal was specifically admitted by framing substantial questions of law. This Court while deciding the Second Appeal has considered said substantial question of law and has decided the Second Appeal, in view of the judgment of the Hon'ble Supreme Court in the case of Revanasiddappa and Another Vs. Mallikarjun and Others, Civil Appeal No. 2844 of 2011.
( 2 ) ca13015.24 02.
Only ground repeatedly agitated is that in the Second Appeal, present applicants were not represented, when in-fact the second appeal was argued, they were very much represented by earlier advocate. There was also SLP filed against the judgment. Same came to be refused with liberty to approach this Court by filing the review application. As already stated, no any ground is made out to entertain review application. The applicant also want this Court to consider fresh document and for that purpose Civil Application No. 13015 of 2024 is filed. 03.
There is no merit in the application. The Considering all above, review application stands dismissed with costs of Rs.25,000/- (Rupees Twenty Five Thousand) [KISHORE C. SANT, J.] snk/2024/nov24/ca13015.24