Ramesh Holaram Narsinghani And ANR v. Narayan Chetandas Sundarani And ORS

8-ASRPW-42-2023.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 42 OF 2023 IN WRIT PETITION NO. 8229 OF 2018 WITH INTERIM APPLICATION NO. 4474 OF 2023 IN REVIEW PETITION NO. 42 OF 2023 Ramesh Holaram Narsinghani & Anr ...Review Petitioners In the matter between Narayan Chetandas Sundarani

...Petitioner

Versus

Assistant Superintendent of Land Record & Ors

...Respondents

SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2024.03.26 10:19:45 +0530 Mr Yuvraj Narvankar, for the Review Petitioners. Ms Minal Chandnani, with Bhavesh Sawant, for the Petitioner in WP/8229/2018 & for the Respondent in Review Petition. Mr AI Patel, Addl. GP, with PMJ Deshpande, AGP, for the Respondent-State.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

22nd March 2024 PC:- 22nd March 2024

8-ASRPW-42-2023.DOC 1.

The Review Petition is by a party who did not appear despite service. That is no ground on its own to seek review. The ground of review is that the Review Petitioner 'was not heard'. If the Review Petitioner does not appear despite notice, such a prayer in review cannot be sustained. That the prayer is a substantive relief regarding a mutation entry.

2.

Ms Chandnani points out in fairness her submission noted in paragraph 3 that an appeal of 29th February 2016 was dismissed was based on incorrect instructions. That appeal is pending. That will make no difference. Entries in land revenue records do not transfer title. If there are any appeals pending, those will be decided and disposed of in accordance with law on their merits. 3.

No further orders are required. The Review Petition is disposed of with these observations. There will be no order as to costs.

(Neela Gokhale, J) (G. S. Patel, J) 22nd March 2024