Smt. Chandrabai Savlaram Sawant ... vs Mr. Gopinath Harishchandra Ghag
2023 Latest Caselaw 6782 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                 CIVIL REVISION APPLICATION NO.164 OF 2022

 SMT.CHANDRABAI SAVLARAM SAWANT&ANR. )...APPLICANTS

          V/s.

 MR. GOPINATH HARISHCHANDRA GHAG                              )...RESPONDENT

 Mr.S.P.Kadam i/b. Mr.Onkar Nagvekar a/w. Ms.P.W.Badadare, Advocate
 for the Applicants.
 Mr.S.A.Jabbar a/w. Mr.Avinash Naikwad a/w. Mr.S.D.Pathan, Advocate
 for the Respondent.

                                    CORAM      :      ABHAY AHUJA, J.

                                    DATE       :      10th JULY 2023

 P.C. :

1. This matter was listed today for learned Counsel for the

Applicants to furnish judgments in support of their case on

maintainability of the revision application.

2. Mr.Kadam, learned Counsel appearing for the Revision

Applicants, has taken this Court through two decisions viz. (1) Shri

Sadanand Gangadhar Habbu vs. Shri. Sidheshwar Committee, Solpaur

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and Others1, and (2) Surya Dev Rai vs. Ram Chander Rai and Others 2

to submit that in view of the proviso to Section 115, Revision would be

maintainable in respect of final orders but not to interlocutory orders.

He, however, seeks some more time to consider the decision in the case

of Vishnu Awatar vs. Shiv Autar and Others 3 and address this Court on

the maintainability of the revision application. At his request, list on

26th July 2023.

3. Ad-interim relief granted earlier to continue till the next date.

                                                    (ABHAY AHUJA, J.)




 1    Writ Petition No.4138 of 2006 decided on 24th August 2006
 2    (2003) 6 Supreme Court Cases 675
 3    (1980) 4 Supreme Court Cases 81

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