Chattisgarh High Court
Ganesh Hota (Since Dead) Through Lrs vs Shrimati Ganeshi Hota on 5 May, 2025
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
1
2025:CGHC:20369
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
REVP No. 95 of 2025
1. Ganesh Hota (Since Dead) Through Lrs. Nil
1.1 - Smt. Aala Hota Wd/o Ganesh Hota Aged About 62 Years R/o
Baikunthpur, Gaushala Para, Raigarh, Tahsil And District - Raigarh
Chhattisgarh
1.2 - Manjulata Hota D/o Ganesh Hota Aged About 43 Years R/o
Baikunthpur, Gaushala Para, Raigarh, Tahsil And District - Raigarh
Chhattisgarh
1.3 - Jai Hota S/o Ganesh Hota Aged About 38 Years R/o
Baikunthpur, Gaushala Para, Raigarh, Tahsil And District - Raigarh
Chhattisgarh
1.4 - Vijay Hota S/o Ganesh Hota Aged About 35 Years R/o
Baikunthpur, Gaushala Para, Raigarh, Tahsil And District - Raigarh
Chhattisgarh
1.5 - Sanjay Hota S/o Ganesh Hota Aged About 33 Years R/o
Baikunthpur, Gaushala Para, Raigarh, Tahsil And District - Raigarh
Chhattisgarh
... Petitioner(s)
versus
1. Shrimati Ganeshi Hota D/o Late Ishwar Hota Aged About 67 Years
Occupation - Labour (Presently Working With Lic, Sattigudi Chowk,
Raigarh), R/o Gaushala Para, Raigarh, Tahsil And District Raigarh
Chhattisgarh
... Respondent
For Petitioner(s) : Mr. Mahant Kumar Jaiswal, Advocate
For Respondent(s) : None
Digitally
signed by
MANISH
MANISH YADAV
YADAV Date:
2025.05.05
17:27:39
+0530
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
05.05.2025
1. The petitioners have filed the present petition for review the order
dated 02.02.2022 passed by this Court in FA No. 92 of 2009.
2. Heard on I.A. No. 01/2025, application for condondation of delay of
1134 days in filing the review petition.
3. For the reasons mentioned in the application (IA No.01/2025), the
same is allowed and the delay of 1134 days in filing the review
petition is condoned.
4. The review petitioners (the legal heirs of the appellant/defendant in
the first appeal) seek review of the order dated 02.02.2022 passed
in FA No. 92 of 2009 merely on the ground that without
appreciating the facts and circumstances of the case as well as the
question of law in its true perspective dismissed the first appeal.
According to the review petitioners, while dismissing the first
appeal this Court failed to appreciate the fact that the first
appellate Court has not at all considered the case on its own
merits.
5. On going through the order dated 02.02.2022 passed in FA No. 92
of 2009, it is manifest that after hearing the learned counsel for all
the parties and after considering all the aspects of the matter, this
Court has delivered the judgment, which is sought to be reviewed
herein.
6. There is no other ground pointed out by the petitioners showing
any manifest error on the record and have not further brought into
the notice, any new facts, which could not be produced earlier
despite diligent efforts made by the petitioners. It is well settled
principles of law that the review proceedings are not by way of an
appeal and have to be strictly confined to the scope and ambit of
Order 47 Rule 1 of the Code of Civil Procedure.
7. It appears that the petitioners by presentation of this review petition
seek an opportunity to argue the entire case afresh on merits
under the garb of the review petition, which is not permissible and
tenable in law.
8. It is well settled principle of law that under the garb of review
petition, the petitioners should not be permitted to argue the entire
case afresh, which would amount to convert the review petition
into an appeal and the same is not sustainable in law. {See: Meera
Bhanjan v. Smt. Nirmal Kumar Chowdhary, AIR 1995 SC 455, Lily
Thomas etc. v. Union of India and others, AIR 2000 SC 1650, Ajit
Kumar Rath v. State of Orissa and others, AIR 2000 SC 85,
Government of T.N. & Others v. M. Ananchu Asari and others,
(2005) 2 SCC 332, and Kerla State Electricity Board v. Hitech
Electrothermicsm & Hydropower Ltd. and others, (2005) 6 SCC
651}.
9. As a sequel, the review petition, sans substratum is liable to be
and is hereby dismissed.
Sd/-
(Narendra Kumar Vyas)
Judge
Manish
