Indubai Maroti Shinde v. Sulochana Chandrabhan Late And Others

939-REVIEW APPLICATION NO.216 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO.216 OF 2022 IN SA/539/2019 WITH CA/6858/2022 IN CA/3773/2020 INDUBAI MAROTI SHINDE

VERSUS

SULOCHANA CHANDRABHAN LATE AND OTHERS . . .

Advocate for Applicant : Mr. K. F. Shingare Advocate for Respondent Nos.1 to 4 : Mr. A. B. Kale . . .

CORAM : BHARAT P. DESHPANDE, J.

DATED : 11th AUGUST 2022 PER COURT :

Heard.

2.

The present application is filed for review of order dated 24th September 2019 in Second Appeal No. 539 of 2019. 3.

Learned counsel for applicant submits that observations of this court in para 5 regarding service of notice of execution proceedings on present applicant in the year 2014 are apparently incorrect as the applicant was served on in the year 2015. He therefore, submits that this is the ground for review of order.

4.

On perusal of order passed by this Court on 24th September 2019 and more specifically para nos. 4 and 5, it is clear that Second Appeal was 1/2

939-REVIEW APPLICATION NO.216 OF 2022.odt rejected on the specific contention that there is no substantial questions of law involved in the matter. While elaborating such aspect is observed that present applicant was served with the summons from the trial court, however, she failed to appear and contest the suit. The service of summons on the address of the applicant through adult male member of family i.e. son is considered as proper service. Thus, there is no ground for review is made out in the present application. The order dated 24th September 2019 passed by this Court is basically rejecting the appeal for want of any substantial questions of law. 5.

In the result, Review Application stands rejected. 6.

In view of rejection of Review Application, Civil Application No.6858 of 2022 does not survive and is accordingly disposed of. ( BHARAT P. DESHPANDE, J.) Tandale/- 2/2