Krishna Madhav Wankhede Dec Thr Legal Heir And ANR v. Mukesh Keshavlal Shah And ORS

46rpw120-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.120 OF 2024 IN WRIT PETITION NO.15870 OF 2023 Krishna Madhav Wankhede (since deceased) Through LRs and Anr.

... Petitioners.

Versus

Mukesh Keshavlal Shah and Ors.

... Respondents.

----- Mr. R.M. Haridas i/by Mr.Ajay Patil, for the Petitioners. ----- Coram :

Sharmila U. Deshmukh, J.

Date :

September 02, 2024 P. C. :

1.

Heard.

2.

Learned counsel appearing for the Review-Petitioners submits that in the order under review the submission was that there was a bonafide dispute pending between the parties which is being adjudicated before the Civil Court in the suit filed by the Respondent No.1. He would further submit that in view of the dispute pending before the Civil Court, this Court had directed that the Mutation Entry Nos.3079 and 3080 kept in abeyance till the adjudication before the Civil Court. He submits that subsequently, the Review-Petitioner have became aware that the subject matter of the suit is completely sa_mandawgad 1 of

46rpw120-14 different than the dispute which was arising in respect of Mutation Entry Nos.3079 and 3080. He submits that therefore there is factual error and thus the review is sought.

3.

Issue notice to the Respondents, returnable after four weeks. 4.

In addition to Court notice, the Review-Petitioners are permitted to serve the Respondents by private notice by all permissible mode of service and to file affidavit of service before the next date.

5.

Stand over to 30th September, 2024.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 03/09/2024 14:35:58