Kailash vs Narayan
2023 Latest Caselaw 10380 MP

                                                               1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                         BEFORE
                                         HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 7 th OF JULY, 2023
                                               REVIEW PETITION No. 41 of 2023

                           BETWEEN:-
                           KAILASH S/O SHYAMLAL, AGED ABOUT 60 YEARS,
                           OCCUPATION: LABOUR W-33 NAYA M.N. 562
                           MARIMATA KA BAGEECHA SARKARI ASPATAL KE
                           PEECHHE JUNI INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI LOKENDRA GANGAREKAR, LEARNED COUNSEL)

                           AND
                           NARAYAN S/O SHANKARLAL, AGED ABOUT 66 YEARS,
                           OCCUPATION: BUSINESS MARIMATA KA BAGEECHA
                           SARKARI ASPATAL KE PEECHHE JUNI INDORE,
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENT


                                  T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                ORDER

The present review petition is filed against the order dated 12.12.2022 passed in S.A. No.2428/2022 whereby the Second Appeal filed by the petitioner has been dismissed.

2. Learned counsel for the petitioner submits that the findings recorded by the trial court and appellate court were not correct.

3. This Court has already examined the judgments passed by the trial court and lower appellate court and thereafter dismissed the appeal filed by the petitioner.

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 07-07-2023 18:04:04

4. I do not find any error apparent on the face of the record warranting any interference in exercise of review power. It is well settled that cases are heard and decided only once. To make a departure from this statutory rule, review application must strictly fall within the established parameters. In the light of settled principle of law in my considered opinion, there is no merit and substance in the review application as in a review, Court has very limited jurisdiction circumscribed by definitive limits.

5. Accordingly, the review application is dismissed.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 07-07-2023 18:04:04