-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION REVIEW REVIEW REVIEW PETITION ST.NO.7291 OF 2008 PETITION ST.NO.7291 OF 2008 PETITION ST.NO.7291 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.2125 OF 2006 APPEAL NO.2125 OF 2006 APPEAL NO.2125 OF 2006 Subhash Motilal Shah & Ors. ...Petitioners vs. Maruti M. Shende & anr. ...Respondents Mr.N.V.Bandiwadekar for the Petitioners CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 28, 2008. : MARCH 28, 2008. : MARCH 28, 2008. P.C.: P.C.: P.C.: 1. The review petition is filed by the respondent Nos.1 to 3 in the First Appeal. In the First Appeal the challenge by the first Respondent-Appellant was to the consent decree. When the Appeal was placed for admission, the Advocate for the present review petitioners raised an objection that the Appeal was not maintainable. While disposing of the Appeal, by order dated 7th January 2008, this court has made following observations: "2. It is obvious that the consent decree which is subject matter of challenge in this Appeal will not be binding on the Appellant and obviously it will not affect the alleged right, title and interest of the Appellant in respect of the property in dispute." 2. The submission of the Advocate for the review petitioners -2- is that the observations made above are being misused by the Appellant to his advantage and therefore, the said observations may to be deleted. 3. There is no merit in the review petition. Admittedly, the Appellant (1st Respondent herein) was not a party to the consent decree. In that context, the aforesaid observations have been made. All that is observed by this court is that the consent decree to which the appellant was not a party will not affect the alleged right, title and interest of the Appellant in respect of the property in dispute. The said observation does not mean that any adjudication has been made by this Court as regards the existence of alleged right,title and interest of the Appellant. 4. Subject to what is stated above, there is no merit in the review petition and the same is rejected. JUDGE JUDGE JUDGE