Zuzer Abhas Lokhandwala Throu. Poa Huzaihfa Juzer Lokhandwala v. Thrity Rusi Poonawlala

6-WP-8058-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8058 OF 2025 Zuzer Abhas Lokhanwala through POA Huzaihfa Juzer Lokhandwala ...

Petitioner V/s.

Thrity Rusi Poonawala ...

Respondent ------------------- Mr. Awais Ahmedji a/w Mr. Chittesh Dalmia, for the petitioner. Mr. Komal Gosavi a/w Onkar Gawade, for the respondent. --------------------

CORAM

:

N.J. JAMADAR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.07.01 15:34:31 +0530 VARSHA DEEPAK GAIKWAD DATE :

27TH JUNE 2025.

PC:

1.

Heard the learned counsel for the parties.

2.

The challenge in this petition is to an order dated 23rd December 2024, passed by the Trial Court under Order XXXIX, Rule 1 and 2 of Code of Civil Procedure.

3.

The said order was sought to be reviewed by filing an application (Exhibit-87). By an order dated 5th April 2025, the said application for review also came to be rejected by the Trial Court. 4.

Being aggrieved, the petitioner has preferred this petition. 5.

Under the provisions of Order 47 Rule 1, an order rejecting the application for review is not appealable. It is trite when an application for review is rejected on the ground that, there is no error apparent on the face of the record, it cannot be said that the original order merges varsha

6-WP-8058-2025.doc into the order passed on review application.

6.

The petitioner has an efficacious remedy of filing an appeal against the order passed by the Trial Court under Order XXXIX, Rule 1 and 2 of Code of Civil Procedure. Keeping open the liberty to file an appeal against the said order, the petition stands disposed. (N.J. JAMADAR, J) varsha