Nazma Begum Wd/O. Babbukhan And Others v. Akhtari D/O. Mohd. Umar And Others

2025:BHC-NAG:10685 3-MCA-1018-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (REVIEW) NO.1018 OF 2024 IN WRIT PETITION NO.6687 OF 2022 Nazma Begum Wd/o Babbukhan and Ors.

...Applicants/ Original Petitioners

Versus

Akhtari D/o Mohd. Umar and Ors.

...Respondents

....

Mr. P. P. Kothari a/w Mr. Nitin A. Lalwani, Advocates for the Applicants.

....

CORAM

: N. R. BORKAR, J.

DATE : 17th APRIL, 2025

ORDER

:

1.

By this application, a review of the order passed by this Court dated 03.10.2024 in Writ Petition No.6687 of 2022 is sought.

2.

I have heard the learned counsel for the Applicants. 3.

The learned counsel for the Applicants submits that this Court, while dismissing the Petition filed by the applicants, has not considered the legal position that the amendment to plaint can not be allowed after passing of the decree, when by amendment description of property is sought Sajakali Jamadar

3-MCA-1018-2024.doc to be charged. It is submitted that this Court has also not considered the legal position that if the plaint is allowed to be amended, then opportunity to carry out consequential amendment to written statement needs to be granted and in such eventuality, it would amount to retrial, which is not permissible.

4.

I have perused the order dated 03.10.2024. In view of the finding recorded in the said order that there is a specific decree in respect of third room, I am not inclined to entertain the present Review Application. The Misc. Civil Application is therefore dismissed.

(N. R. BORKAR, J.) Sajakali Jamadar