Pradeep S/O William Swami And Others v. Sou. Leelabai W/O Suresh Swami And Others

927-CAO-131-19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.131 OF 2019 IN MISC. CIVIL APPLICATION ST. NO.557 OF 2019 IN SECOND APPEAL NO.461 OF 2017 Pradeep s/o William Swami -vs- Leelabai w/o Suresh Swami and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms Maira Ateeb, Advocate for applicant.

Shri J. B. Gandhi, Advocate for non-applicant No.1 CORAM : A.S.CHANDURKAR, J.

DATE : February 12, 2019 Considering reasons mentioned in the application, the delay in filing review application stands condoned. Civil Application is allowed and disposed of. Misc. Civil Application St. No.557 of 2019 Heard the learned counsel for the applicant as well as learned counsel for the non-applicant No.1 and perused the grounds raised in the review application. After hearing the learned counsel for the applicant, it is seen that grounds that were not raised in the second appeal are sought to be raised for the purposes of reviewing the judgment. Re-hearing of the second appeal under the garb of review can not be permitted. The grounds as raised do not indicate any error

927-CAO-131-19 2/2 apparent on the face of the judgment. Hence I am not inclined to exercise review jurisdiction.

The interim order dated 18/01/2019 shall operate for a period of four weeks from today and shall cease to operate automatically thereafter.

Misc. Civil Application is rejected.

JUDGE Asmita