Bombay High CourtCAO/1391/2017ca disposed off

Azaz Kibriya Khan S/O. Maqsoodali Khan v. Tanvir Ahmed Khan Shabbir Khan And Others

2018-10-24Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1391.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1391/2017 IN M.C.A. STAMP NO.13645/2017 (R) IN WRIT PETITION NO.1078/2016 (D) Azaz Kibriya Khan S/o Maqsoodali Khan ..Vs..

Tanvir Ahmed Khan Shabbir Khan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.R. Deshpande, Advocate for the applicant. CORAM : Z.A. HAQ, J.

DATE : 24.10.2018.

By this application, the petitioner prays that delay of 55 days in filing review application be condoned. By order passed by this Court on Civil Application (CAO) No.44/2018 in Miscellaneous Civil Application Stamp No.17327/2017(R) in Writ Petition No.4974/2014 on 4th April 2018, this Court held that limitation is not prescribed for filing application seeking review of the judgment / order passed under Article 226 of the Constitution of India.

In view of the above order, this application does not survive and it is disposed accordingly. No costs.

M.C.A. STAMP NO.13645/2017 (R) The petitioner seeks review of the judgment given by this Court in Writ Petition No.1078/2016 on 6th

2 cao1391.17 April, 2017, mainly on the ground that the copy of Change Report No.252/2000 which was placed on record as annexure to the writ petition was not the proper document and instead of it, the copy of Change Report No.14/2014 should have been placed on record. There is no dispute that the copy of Change Report No.14/2014 was neither placed on record nor was pointed to the Court till the petition was disposed by judgment dated 6th April 2017, of which review is sought. The ground raised by the petitioner is not sufficient for seeking review of the judgment, and it cannot be said that there is any error apparent on the face of record while deciding the writ petition. Hence Miscellaneous Civil Application Stamp No.13645/2017 is dismissed. No costs.

JUDGE Tambaskar.