Ramesh S/O. Fakira Yendole vs Gulabrao S/O. Sampat Gujar
2021 Latest Caselaw 7909 Bom

3-CAO-1211-18                                                                                                                1/1


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR.

                             CIVIL APPLICATION (CAO) NO.1211 OF 2018
                                               IN/AND
                            MISC. CIVIL APPLICATION ST. NO.6609 OF 2018
                                                 IN
                                   SECOND APPEAL NO.619 OF 2017

   Ramesh s/o Fakira Yendole (Dead) Thr. LR Anjanabai wd/o Ramesh Yendole, Dhalsawangi,
                                                       Dist. Buldhana
                                                              -vs-
                               Gulabrao s/o Sampat Gujar, Dhad, Dist. Buldhana
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

Shri S. U. Bhuyar, Advocate for applicant.

CORAM : A. S. CHANDURKAR J.

DATE : June 15, 2021

Heard the learned counsel for the applicant and perused the grounds of review. It is submitted that in view of the observations in the judgment of the Sessions Court at Exhibit- 151 wherein the plaintiff admitted that the defendant was in possession, it is clear that the suit was not liable to be decreed.

While deciding the Second Appeal this aspect has been considered by observing that the said judgment refers to the incident that occurred in the year 2011. The suit in question was filed on 25/05/2005 and both the Courts have found the plaintiff entitled for relief. Hence I do not find any error apparent on the face of record to invoke review jurisdiction. The Applications are accordingly dismissed.

JUDGE

Asmita