The Bombay High Court rejected a review petition filed by Barku Govind Walve challenging the dismissal of a writ petition. The court held that no error appeared on the face of the record and that fresh pleas not raised earlier could not be entertained.
Review Petition No. 15/2024 is rejected.
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.
Ganesh Lokhande, PA 1/2 7-RPW-15-2024.doc
Digitally signed by GANESH GANESH SUBHASH SUBHASH LOKHANDE LOKHANDE Date: 2024.02.08 18:24:37 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
REVIEW PETITION NO. 15 OF 2024 IN WRIT PETITION NO. 1353 OF 2022
Barku Govind Walve & Ors. .. Petitioners vs. The State of Maharashtra & Ors. .. Respondents
Mr. Saurabh M. Railkar, for the Petitioners. Mr. P. P. Pujari, AGP, for the Respondent No.1-State. Mr. Girish R. Agrawal, with Shubham Jangam, for the Respondents.
CORAM: SANDEEP V. MARNE, J.
DATE : 7th FEBRUARY, 2024.
P. C.:
Ganesh Lokhande, PA 2/2 7-RPW-15-2024.doc
filing of Review Petition. However, after considering the submissions canvassed by Mr. Railkar, the learned counsel appearing for the Review Petitioners, no error apparent on face of record can be traced in the order under review. Mr. Railkar has attempted to suggest that the order of regrant in favour of the original Watandar was made on 14th December, 1967 i.e. after execution of the Agreement for Sale dated 26th January, 1967. However, perusal of the Writ Petition would indicate that no such averment was made in the Petition. The Review Petitioners cannot be permitted to raise fresh pleas which were never raised at the time when the Writ Petition was argued and decided.
SANDEEP V. MARNE, J.
2 issues framed by the court
Whether any error apparent on the face of the record was committed in dismissing Writ Petition No. 1353/2022.
Whether the Review Petitioner can raise a fresh plea that was never raised during the main writ petition.
Barku Govind Walve & Ors.
The State of Maharashtra & Ors.
SANDEEP V. MARNE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
