IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.215 of 2009 SONI DEVI Versus ARUN KUMAR PRAJAPATI & ORS ----------- 6. 17/03/2010 Re: I.A.No.8010 of 2009 This application has been filed for condonation of delay in filing the review application. Considering the averments made in the application, the same is allowed and the delay in filing the review application is condoned. Plaintiff-petitioner has filed this civil review application for review of the order dated 13.4.2009 passed in C.R.No.585 of 2009. Learned counsel for the petitioner submits that the petitioner is affected by the second part of the penultimate paragraph of the order where it has been observed that “if the defendants are in cultivating possession of the suit property, they shall enjoy the same and exercise their cultivating rights”. He submits that for taking advantage of this observation, defendants are now claiming before the court below that they are in possession of the suit property. - 2 - Obviously, this observation was innocuous and conditional. If the defendants had not set up any claim to be in cultivating possession of the suit property prior to the passing of the order, they cannot claim any advantage on account of this observation of the Court. The observation was made by this Court only in respect of the facts and pleadings appearing before the court below prior to the passing of the order. With this observation, review application is disposed of. Pradeep/ (J. N. Singh, J.)