Advocates:
['CHINCHOLKAR G N', 'CAVEAT FILED BY H I PATHAN', '', 'R/ DIED', 'R', 'amp; SERVED', 'R/ SERVED']

1

Letters Patent Appeal St.No.32011-12

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

LETTERS PATENT APPEAL ST.NO.32011 OF 2012 IN

REVIEW APPLICATION NO.37 OF 2011 IN

WRIT PETITION NO.826 OF 1991

Mahajan Gunaji Chitale

PETITIONER

VERSUS

Mukunda Rama Tipparse

and others

RESPONDENTS

Mr.S.G.Chincholkar, Advocate for petitioner.

Mr.H.I.Pathan, Advocate for respondent no.1.

(CORAM : R.M.BORDE AND

R.V.GHUGE, J.J. )

DATE : 05/07/2013

PER COURT :

1.

The petitioner is taking exception to the order passed by the

learned Single Judge in Review Application no.37/2011 in Writ

Petition no.826/1991. We have perused the order passed by the

learned Single Judge. The learned Single Judge has observed in the

order that the powers of review u/s. 114 of the Code of Civil

Procedure is in a narrow compass and the review can not be treated

as Appeal in disguise. It also further transpires on perusal of the

order that the interest of the appellant is sufficiently safeguarded. It

is stated in para no.7 and 8 of the judgment as follows :

7. The powers of review u/s. 114 of The Code of

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Letters Patent Appeal St.No.32011-12

Civ