Prabhavati Shankarrao Zadbuke And Anr vs Shri. Hansraj Hanuman Zanwar
2024 Latest Caselaw 1306 Bom

Bombay High Court

Prabhavati Shankarrao Zadbuke And Anr vs Shri. Hansraj Hanuman Zanwar on 18 January, 2024

Bench: A. S. Gadkari, Bharati Dangre

2024:BHC-AS:3218-DB

                      ssm                                                        4-ia86.22.doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.86 OF 2022

                                                        IN

                                          REVIEW PETITION NO. 1 OF 2022

            Prabhavati Shankarrao Zadbuke & Anr.                     .....Applicants.

                               Vs.

            Shri. Hansraj Hanumandas Zanwar                          .....Respondents.

            Mr. Girish Godbole, Senior Advocate i/by Adv. Vishwajeet V. Mohite & Adv.
            Ketan V. Joshi for the Applicants.
            Mr. Ashutosh Kulkarni a/w Mr. Akshay Kulkarni for the Respondent-Original
            Petitioner.
            Mr. P.P. Kakade, GP a/w Mr. O.A.Chandurkar, AGP a/w Mr. M.M. Pabale,
            AGP for the Respondent-State.

                                                    CORAM :   A. S. GADKARI AND
                                                              BHARATI DANGRE, JJ.

DATE : 18th JANUARY, 2024.

P.C.:-

1) This is an Application for seeking relief to file Review Petition

by the Applicants who were not party in the Writ Petition No.798 of 2020.

2) Mr. Godbole, learned counsel for the Applicants submitted that,

even a third party to the proceedings, if he considers himself an aggrieved

person, may take recourse to the remedy of Review Petition and the

quintessence is that the person should be aggrieved by the Judgment and

Order passed by the Court in some respect. In support of his contention, he

ssm 4-ia86.22.doc

relied on the decision in the case of Union of India Vs. Nareshkumar

Badrikumar Jagad & Ors. reported in (2019) 18 SCC 586.

3) Mr. Kulkarni, learned counsel for the original Petitioner

opposed the Application and submitted that, no rights of whatsoever nature

of the Applicants herein have been affected by the Order under review and

therefore the Application may not be entertained.

4) However, after perusing the Application, taking into

consideration the overall view of the matter and applying the principles of

law enunciated by the Supreme Court in the case of Union of India Vs.

Nareshkumar Badrikumar Jagad & Ors. (Supra), we are inclined to allow

the Application.

5) Application is accordingly allowed in terms of prayer

clause (a).

(SMT. BHARATI DANGRE, J.) (A.S. GADKARI, J.)

SANJIV SHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date:

2024.01.23 11:45:13 +0530