Bombay High CourtMCA/409/2019dismissedrule discharged

Anas Ansari Jamal Ansari v. Mohd. Shahid S/O Mohd. Jabir And Others

2019-04-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 mca409.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 409/2019 IN WRIT PETITION NO. 1464/2019 Mr. Anas Ansari Jamal Ansari ..VS..

Mr. Mohd. Shahid & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.I. Khan, Advocate for the applicant Shri N.J. Jetha, Advocate for the non-applicants CORAM : Z.A.HAQ, J.

DATED : 26/04/2019 By the order dated 27/02/2019, the petition filed by the landlord came to be disposed with directions to the District Court to decide the appeal pending before it till 15/04/2019. Now, by this review application, the original respondent makes a grievance that the order is obtained by the petitioners by misrepresentation that the respondent had been paying Rs. 1,000/- per month as rent and the learned District Judge has committed an error by imposing condition of depositing only Rs. 1,000/- per month towards the occupation charges instead of directing them to deposit the occupation charges @ Rs. 7,000/- per month.

After going through the order of which review is sought, I find that the alleged misrepresentation has not affected the final outcome of the matter. It cannot be said that the original respondent is adversely affected by the directions given by this Court, expediting the hearing of the appeal.

2 mca409.19 In the above facts, I see no reason to exercise the review jurisdiction.

The miscellaneous civil application is dismissed. In the circumstances, the parties to bear their own costs. By the order dated 27/02/2019, it was directed that the appeal pending before the District Court be decided till 15/04/2019.

The learned advocates inform that the appeal is not yet decided.

The learned District Judge shall decide the appeal till 30/07/2019.

JUDGE Ansari