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2024 Supreme(Online)(SC) 7871

SUPREME COURT OF INDIA
GAHININATH – Appellant
Versus
DROPADABAI BALBHIM GARJE – Respondent


ORDER

1.Civil Appeal No.7168/2012 was dismissed by us by a judgment and order dated 03rd April, 2024. Aggrieved thereby, the appellant has now applied for review of the said judgment and order by filing Review Petition (C) No. 1115/2024.

2.Having perused the review petition, we find that the prayer stems from an apprehension of the appellant/review petitioner1 that he has been worse off for filing the civil appeal.

The applicant perceives that the liberty which was reserved by the High Court while dismissing his second appeal under section 100, Code of Civil Procedure vide the judgment and decree dated 20 th September, 2011, under challenge in the civil appeal, has been taken away.

3.We find such apprehension of the applicant to be misplaced. The observation towards the end of the judgment and order under review to the effect that title of the respondent to the suit property could not be shown to be defective was made by us to hold that the decision of this Court in Anathula Sudhakar v. P . Buchi Reddy 2 , relied on by learned counsel appearing for the applicant at the time of hearing of the civil appeal, was distinguishable and not applicable to the facts of the case.

4.Be that as it

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