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Bombay High CourtRPC/4/2025dismissed

Smt. Usha Vijayendranath Kapil And ANR v. Mr. Siddharth Vijayendranath Kapil And ANR

2025-09-03Hon'Ble Ms. Justice Gauri Godse2 pages

11-RPC-4-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 4 OF 2025 IN CIVIL REVISION APPLICATION NO. 532 OF 2024 Smt. Usha Vijayendranath ...

Petitioner Kapil and Another Vs.

Mr. Siddharth Vijayendranath ...

Respondents Kapil and Another Mr. A. S. Kumbhakoni, Senior Advocate a/w. Mr. Tejas D. Deshmukh, Mr. Ronak Utagikar, Mr. Onkar Somwanshi and Ms. Meghana Chavan for the Petitioner/Applicant. Mr. Ronak Vankalas for Respondent No. 1.

CORAM : GAURI GODSE, J.

DATE :

3rd SEPTEMBER 2025 ORDER :

1.

This review petition is filed by the original defendant nos. 1 and 2, who had filed the civil revision application. By the order under review the civil revision application is dismissed. The civil revision application was filed to challenge the order rejecting an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 ("CPC"). 2.

Learned senior counsel for the petitioners submits that by RAJESHWARI RAMESH PILLAI Date:

2025.09.08 05:32:48 +0200 the contents of paragraph 4 of the order which refers to the RAJESHWARI RAMESH PILLAI 1/2

11-RPC-4-2025.docx cause of action pleaded in paragraph 22 of the plaint is factually incorrect. He submits that the cause of action pleaded in paragraph 22 is contrary to the order passed in Criminal Appeal No. 62 of 2015. He further points out that the arguments made on behalf of the petitioners with reference to Section 430 of The Companies Act 2013 is not dealt with in the order under review. The third ground raised in the review petition is on the nature of the suit property which according to the petitioners is a leasehold property 3.

I have perused the order under review and the papers of the Civil Revision Application. The grounds raised for rejection of plaint under Order VII Rule 11 are considered in detail in the order under review. All the grounds argued in this review petition are in the nature of grounds of appeal to challenge the order rejecting civil revision application. 4.

I do not see any error apparent on the face of the record to review or recall the order dated 16th July 2025. 5.

The Review Petition is therefore dismissed.

[GAURI GODSE, J.] 2/2