The High Court of Bombay rejected a review petition filed in a second appeal. The petition was dismissed as an abuse of process, noting that no affidavit was filed to put the matter up afresh and that other orders had already disposed of the issues.
Review petition rejected as abuse of process.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
REVIEW PETITION NO.19 OF 2015 IN
SECOND APPEAL NO.229 OF 2013
Hussain Ali Shiakh
.... Petitioner
Vs.
.... Shivaji Namdeo Gore Respondent
None for the Petitioner in Review Petition. None for the Respondent.
Coram : N.M. Jamdar, J. Date : 3 May 2017
P.C.:
By the order dated 31 March 2017, the Review Petition was placed under the caption 'for dismissal'. Thereafter a detailed order was passed on 21 April 2017 and an order was passed on 28 April 2017, till date, no affidavit is filed.
2 Second Appeal was disposed of on 9 January 2014. The learned Single Judge Smt. V.A. Naik J, by a detailed order had
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8 rps19.2015.doc
dismissed the Second Appeal challenging the concurrent judgments. The Single Judge after consideration of all aspects of the matter had confirmed the concurrent findings. The review, as noted in the earlier order, is nothing but abuse of process of law. Even on merits no ground is made out as what is sought is only a re-hearing. The Review Petition is accordingly rejected.
( N.M. Jamdar, J.)
2 issues framed by the court
Whether the review petition constitutes abuse of process as it seeks only a re-hearing without any grounds.
The discretion of the High Court in rejecting a fresh affidavit after earlier orders dismissing the review.
Hussain Ali Shiakh
Shivaji Namdeo Gore
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
