Advocates:
['NASEEM R SHAIKH', 'PV BARDE', '', '', 'FV PATEL & AM PATHAN']

RA Nos. 48, 49/14

1

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

REVIEW APPLICATION NOS. 48 OF 2014

IN

SECOND APPEAL NO. 426 OF 2009

Shaikh Irshad s/o. Shaikh Mukhid

....Applicant.

Versus

Shaikh Mustapha s/o. Shaikh Mukhid

and others

....Respondents.

WITH

REVIEW APPLICATION NOS. 49 OF 2014

IN

SECOND APPEAL NO. 427 OF 2009

Shaikh Irshad s/o. Shaikh Mukhid

....Applicant.

Versus

Shaikh Mustapha s/o. Shaikh Mukhid

and others

....Respondents.

Mr. N.R. Shaikh, Advocate for applicant in both matters.

Mr. P.V. Barde, Advocate for respondent Nos. 1, 2 & 7 in both

matters.

Mr. F.V. Patel & A.M. Pathan, Advocates for respondent Nos. 3 to 6

in RA No. 48/2014 & for respondent Nos. 3 to 5 in RA No. 49/2014.

Mr. Rafeeque Shaikh, Advocate for respondent No. 6 in RA No.

49/2014.

CORAM : T.V. NALAWADE, J.

DATED : 7th April, 2014.

RA Nos. 48, 49/14

2

ORDER :

1.

Notice to other side. The learned counsels appearing

for other side waive notice. Heard the learned counsel for the

applicant immediately in view of the nature of grievance.

2.

The main grievance of the applicant is that this Court

presided over by other Hon'ble Judge of this Court has observed in

reasoning that the burden was on the contesting defendant to

show contrary in respect of the marriage of mother of plaintiff

with Abdul Hamid. He placed reliance on some reported cases

which are as under :-

(i)

AIR 1989 BOMBAY 1 [Damodar Kashinath

Rasane Vs. Smt. Shahajadibi and others],

(ii)

AIR

1981

KARNATAKA

40

[Smt.

Parameshwari Bai Vs. Muthojirao Scindia],

(iii)

AIR 1958 ANDHRA PRADESH 195 (VOL. 45,

C. 53) (1) [Razia Begum Vs. Sahebzadi Anwar

begum and others], and

(iv)

AIR 2004 KARNATAKA 22 [C.G. Amanulla

Khan and Ors. Vs. Anwar Khan].

3.

This Court has gone through decision given by this

Court. This Court has gone through issues raised by the Trial Court

and the answers given. The evidence given before the Trial Court

is also considered by this Court. Though there is aforesaid

observations at paragraph No. 6 of the judgment delivered by this

RA Nos. 48, 49/14

3

Court, only on that basis, the matter is not decided. The matter is

decided on the basis of evidence on record. The dispute regarding

marriage is question of fact and both the Courts below have

decided this question of fact in favour of the plaintiff. If the

appellant has any grievance of the nature contended, he can

challenge the decision given by this Court. No case for review is

made out.

4.

In the result, both the applications stand dismissed.

[ T.V. NALAWADE, J. ]

ssc/