Shri Antariksha Parshwanath Maharaj Sansthan Thr. Managing Trustee,Sakarchand P. Shah And ORS v. Manikchand Pratapmal Baj And Others

(1) 4mca113.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.113/2025 IN WRIT PETITION NO.3883/2011 (D) Shri Antariksha Parshwanath Maharaj Sansthan and Ors. .VS. Manikchand Pratapmal Baj and Others.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. M. P. Khajanchi, Advocate for applicants. Mr. C. S. Kaptan, Senior Advocate assisted by Mr. M. R. Johrapurkar, Advocate for non applicants.

CORAM :

ANIL L. PANSARE,J.

DATE :

NOVEMBER 14, 2025.

Heard.

2.

The judgment sought to be reviewed is on the ground that the Court had placed reliance upon the issues framed in Regular Civil Suit No.27/2003 vis-a-vis Regular Civil Suit No.218/1961.

3.

Mr. M. P. Khajanchi, learned counsel for applicants submits that the issues framed in Regular Civil Suit No.27/2003, particularly issue Nos.1 and 2, on the basis of which the judgment under question was passed, were deleted. 4.

Mr. C. S. Kaptan, learned Senior Counsel for non applicants does not dispute such status but submits that neither his clients nor he was aware of such status and accordingly submits that since the judgment is based on these two issues, it should be recalled.

5.

Accordingly, judgment dated 02.01.2025 passed in Writ Petition No.3883/2011 is recalled. Writ Petition No.3883/2011 is restored to file. Registry shall place the petition before appropriate Bench.

6.

The application is disposed of.

(JUDGE) Kahale