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Bombay High CourtRPW/19/2025dismissed

Chhaya Krishna Nimsakhare And ANR v. Kulgaon Badlapur Municipal Council Thr Its Chief Officer And ORS

2025-03-20Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata2 pages

apn 53-asrpw-19-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.19 OF 2025 IN WRIT PETITION NO.1932 OF 2022 Chhaya Krishna Nimsakhare & Anr.

... Petitioners.

V/s.

Kulgaon Badlapur Municipal Council, Through its Chief Officer & Ors.

... Respondents.

Mr. Ramesh Ramamurthy, a/w Adv. Saikumar Ramamurthy & Adv. Seema Sorte for the Petitioners.

Mr. Dinesh P. Adsule for Respondent No.3.

Ms. M.P. Thakur, AGP for Respondent Nos.2 and 3. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 20th MARCH 2025.

P.C.:- Digitally signed by ASHWINI GAJAKOSH Date:

2025.03.26 13:02:59 +0530 1) Perusal of the record indicates that the present Review Petition ASHWINI GAJAKOSH is thoroughly misconceived and, to say the least, a sheer abuse of the process of law.

2) Our Order dated 13th December, 2024 is self eloquent. By the said Order, we have granted liberty to the Petitioners to prove his contentions before the jurisdictional Civil Court, as may be permissible under the law, as the Petition had raised disputed questions of facts. 3) Instead of filing Civil Suit, the Petitioners have filed present 1/2

apn 53-asrpw-19-2025.doc Review Petition.

4) Perusal of record clearly indicates that, there is no error apparent on the face of record, least to say any error in the Order under Review dated 13th December, 2024.

5) Review Petition is accordingly dismissed.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2