Bhanudas Tulshiram Dalvi And Others v. Vishnu Tulshiram Dalvi And Others

2025:BHC-AUG:5400 6-ra-273-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO. 273 OF 2024 IN CRA/97/2023 Bhanudas Tulshiram Dalvi And Others

VERSUS

Vishnu Tulshiram Dalvi And Others ...

Advocate for Applicant : Mr. Kanade Angad Lala ...

CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 24, 2025 PER COURT :

1.

Heard learned counsel for the applicant.

2.

This review application has been filed against the order dated 30.10.2023 passed in Civil Revision Application No.97 of 2023. 3.

Learned counsel for the applicant submits that there are certain factual aspects in the matter, those were not considered. However, the Court has correctly held that in view of Section 384 of the Indian Succession Act by the same Court, if it has been obtained fraudulently by making a false suggestion or concealment from the Court, it can revoke the succession certificate. 4.

The above was the only ground raised before the Court. Now, the counsel who has a new face before the Court submits that other factual aspects were pleaded and now in this application also, some other aspects were also raised. Those needs to be considered in review application. At the same time, he admits that no other

6-ra-273-2024.odt (2) grounds were raised in the civil revision application, in which the order under review has been passed.

4.

After having gone through the order under review, it is clear that only the law point was raised before the Court and on that ground only, the decision was passed. Considering the grounds raised in the application, none of the grounds prescribed under Order 47 Rule 1 of the Civil Procedure Code to review the application are raised. The review application is without substance and merit. Hence, dismissed without notice to the other side at the admission stage itself.

(S.G. MEHARE, J.) Mujaheed//