Prabhakar Narayan Shinde And ... vs Yashwant Dilip Deshmukh
2023 Latest Caselaw 5488 Bom

                                                                              CAST.5937.2023.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                      CIVIL APPLICATION ST. NO.5937 OF 2023
                      IN CIVIL APPLICATION NO.2700 OF 2022
                          IN C.R.A. ST. NO.4556 OF 2022

Ashok Hariram Jatal                                                      ..Applicant
     Vs.
Surekha Sanjay Kaile
and ors.                                                                 ..Respondents

                                  ----
Mr.V.D.Salunke, Advocate h/f. Mr.B.N.Patil, Advocate for applicant
                                  ----

                                     CORAM : R.G. AVACHAT, J.

DATE : JUNE 12, 2023 ORDER :-

This application has been moved for review of the order

dated 05.07.2022.

2. This Court, vide a reasoned order, had dismissed

the Revision Application even without issuing of notice.

The applicant herein is the purchaser of joint family property,

agricultural land. The record indicates that there was suit

for partition and separate possession filed way back in 2003.

Against the judgment and decree passed therein, appeal was

preferred, being Regular Civil Appeal No.321 of 2012. Said appeal was

dismissed in default in October, 2015, whereas, present applicant

2 CAST.5937.2023

purchased the land from one of the parties to the suit in November,

2018, i.e. three years after the appeal was dismissed in default. The

Court fails to understand as to how collusion, if any, between the

parties to the suit affects the applicant herein.

3. In view of the above, the Review Application stands

rejected.

[R.G. AVACHAT, J.]

KBP