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Bombay High CourtRPW/23/2019

Pradnya Pramod Latkar @ Shubhada Bhalchandra Joshi v. Shri. Mahesh Bhalchandra Joshi And ANR

2019-02-20Hon'Ble Shri Justice R.D. Dhanuka2 pages

Nalawade 2-rpw-23-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETTION NO.23 OF 2019 IN WRIT PETITION NO.7196 OF 2018 Pradnya Pramod Latkar @ Shubhada B. Joshi. ...Petitioner. Vs.

Mahesh B.Joshi and anr.

...Respondents.

----- Mr. V.S.Talkute for Review Petitioner.

Mr. P.K.Dhakephalkar, Senior Advocate with A.M. Kulkarni i/by V.R.Gaikwad for the original petitioner.

CORAM : R. D. DHANUKA, J.

DATE : 20th February, 2019 PC :

1.

By this review petition filed by the Review Petitioner (original respondent No.1) seeks recall of the order dated 16.10.2018 on the ground that the applicant had not given consent for passing of the order dated 16.10.2018 and more particularly, what is recorded in Para 6 of ­ Page­1/2

Nalawade 2-rpw-23-19.doc the said order. It is submitted that this court shall make it clear that the construction being carried out shall be subject to outcome of this suit filed by the Review Petitioner. This Court has passed order on 16.10.2018 in presence of respondent No.1 and after hearing the learned Sr. Counsel for both the parties in W.P. No.7189/2018 and also learned counsel appearing in W.P. No. 7196/2018. So far as Para6 is concerned, the said clarification was issued in view of the specific request made by the learned Sr. counsel appearing for the respondents in W.P. No.7189/2018. It is made clear that the said clarification in Para 6 had been issued in respect of flat bearing No.B-7 and not in respect of flat bearing No.B-8. There is no error apparent on the face of the record. No case is made out for recall of the said order. Review petition is misconceived and is accordingly dismissed. No order as to costs. ( R. D. DHANUKA, J.) ­ Page­2/2