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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL NO.551 OF 2005

IN

REVIEW PETITION NO.20 OF 2005

IN

NOTICE OF MOTION NO.608 OF 2004

IN

SUIT NO.432 OF 2004

M.D. Choksey Construction

Co.Pvt. Limited .. Appellant.

V/s.

Mohamed Husain Merchant .. Respondent.

Mr.Mahendra Ghelani with Mr.Anuj Narula i/b. J.

Narula & Asso. for the appellant.

Mr.A.Y. Bookwala i/b. Ranjit & Co. for the

respondent.

CORAM : R.M. LODHA &

CORAM : R.M. LODHA &

CORAM : R.M. LODHA &

J.P. DEVADHAR, JJ.

J.P. DEVADHAR, JJ.

J.P. DEVADHAR, JJ.

DATED : 6TH JULY, 2005.

DATED : 6TH JULY, 2005.

DATED : 6TH JULY, 2005.

P.C. :

Heard Mr.Mahendra Ghelani, the learned

counsel for the appellant.

2. The appeal is directed against the order

dated June 10, 2005 whereby the learned Single Judge

rejected the review petition, as not maintenable.

3. Order 47 Rule 7, C.P.C. bars the remedy of

appeal from an order rejecting the review

application.

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4. Mr.Mahendra Ghelani, the learned counsel for

the appellant submits that where the Court rejects

the review application on merits, the appeal may not

be maintenable under Order 47 Rule 7, C.P.C. but

from an order by the learned Single Judge rejecting

the review application as not maintenable, the appeal

is was maintenable.

5. We are unable to accept the submission of

the learned counsel for the appellant. Order 47 Rule

7, C.P.C. in unmistakable terms says that an order

of the court rejecting the review application shall

not be appealable. The rejection of the review

application whether on merits or otherwise is not

amenable to appellate jurisdiction.

6. The appeal is, accordingly, dismissed in

limine, as not maintenable.

(R.M. LODHA, J.)

(J.P. DEVADHAR, J.)