1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD REVIEW APPLICATION NO. 90 OF 2009 IN SECOND APPEAL NO.214 OF 2006 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Adv. Shri C.V. Joshi for the applicant. This is an application for review of order of dismissal of Second Appeal No.214 of 2006 passed on 21.04.2009. Adv. Shri Joshi submitted that dismissal of this Second Appeal may affect another Criminal case pending against the appellant before the Sessions Court at Jalgaon. That case is under Section 324 of the I.P.C. filed by applicant’s wife. 2. In my considered opinion, pendency of a case cannot be a reason for not deciding Second Appeal or not considering the Second Appeal for admission. So, the given reason cannot 2 form ground for review. Moreover, there was concurrent finding of fact holding that respondent wife had not deserted the petitioner and as such decree of divorce could not be allowed. This Court also considered evidence & facts in paras 6 and 8 of the order and held that there is no perversity in the findings and appreciation by both the Courts below was proper. So, considering the circumstances and submission of Adv. Shri Joshi, in my opinion, this review cannot be entertained as pendency of a criminal proceeding cannot itself be a ground for admitting the review. In this view of the matter, this Review Application is dismissed. Parties to bear their own costs. Date: 07.07.2009 [P.R. BORKAR,J.] snk/2009/JUL09/ra90.09