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Bombay High CourtMCA/247/2019rejected

Municipal Council, Achalpur Through Its Chief Officer, Amravati v. Abdul Sadiq Mohammed Yusuf

2021-07-09Hon'Ble Shri Justice A.S. Chandurkar1 pages

11.mca247.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

MISC. CIVIL APPLICATION (REVIEW) NO.247/2019 IN SECOND APPEAL NO.164/2015 . Municipal Council, Achalpur through Chief Officer Vs. Abdul Sadiq Mohd.Yusuf. ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri Rahul Dharmadhikari, Advocate for applicant. CORAM :- A.S.CHANDURKAR, J.

DATED :- JULY 09, 2021.

By relying upon various documents to indicate the source of possession of the applicant, it is sought to be urged that the judgment in Second Appeal No. 164/2015 dated 03.08.2017 deserves to be reviewed. It is however stated that the said documents on which reliance is now sought to be placed were not exhibited or placed on record either before the trial Court or before the first appellate Court. Only on the ground that the documents were traced when the second appeal is pending would not be a ground to consider the same in absence of any application seeking permission to lead additional evidence.

In that view of the matter I am not inclined to invoke review jurisdiction. The application is therefore rejected. JUDGE Andurkar..