1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD REVIEW APPLICATION NO.206 OF 2011 IN S.A.NO.982 OF 2004. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.Pradeep Deshmukh, advocate for the petitioners. CORAM : S.V.GANGAPURWALA,J. Date : 28.09.2011. PER COURT : 1. Heard. 2. The Review Petitioners seek review of the order passed by this Court, dismissing the Second Appeal. 3. Mr.Deshmukh, learned counsel for Review Petitioners submits that this Court relied on the note given in the agreement of sale in coming to the conclusion that the consideration was uncertain. In fact, the note is inconsequential and it does not affect the agreement of sale. According to the learned counsel, the petitioners have proved all the aspects of the matter and were entitled for decree of specific performance. The learned counsel 2 further contends that even the alternate relief to refund earnest amount has not been considered. The same is an error apparent on the face of record. 4. The trial Court and the first appellate Court concurrently on appreciation of evidence have come to the conclusion that the consideration amount was uncertain. Even the witnesses did not depose in favour of the plaintiff i.e. their depositions were not in tune with the recitals of the agreement of sale. The relief of specific performance is a discretionary relief. On facts, both the Courts below had refrained from exercising discretion in favour of the plaintiff. The Second Appeal has to be entertained only on substantial question of law. The exercise of discretion can not tantamount to substantial question of law. Moreover, while hearing the Second Appeal, no arguments were canvassed in respect of the refund of the earnest amount. 5. The scope of this Court in entertaining a Review Petition U/s 114 read with Order 47 of the C.P.C. is in a narrow compass. The same is not akin to Appellate jurisdiction. No error apparent on record. 6. The Review Petition is dismissed. No costs. (S.V.GANGAPURWALA,J.) Dt.28.09.2011. asp/office/Rev206.11 3