1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1313 OF 2010 IN FIRST APPEAL NO.835 OF 2008 Smt.Sharadadevi V. Mishra(dead) & Ors. ....Applicant. Vs. Shri Virendra A. Mistra(deceased) & Ors. ....Respondents Mr. A.V.Chatuphale for applicant. Mr.S.A.Sawant for Respondent Nos. 6 to 9, 26. Mr. A.Dasgupta i/b. M/s. Jhangiani Narula & Association for Respondent Nos. 28 to 32. Mr.S.G.Karandikar for Respondent No.34. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- JUNE 15, 2010 P.C. 1. Heard Counsel for the parties. 2. We are in agreement with the argument canvassed on behalf of the Respondents that even on the earlier occasion when similar prayer was made by way of Civil Application No.2119 of 2008, the Court considered the argument of the Appellants that interim relief was operating in favour of the Appellants during the pendency of the suit by virtue of Order dated 3rd July, 2007 passed in 2 Civil Application No.35 of 2007. Inspite of that, the Court by order dated November 4, 2009, refused to grant any interim protection to the appellant during the pendency of the appeal. Notably, the order passed on the earlier Civil Application was by the Bench, of which Justice Bobde was party, who had passed the order dated 3rd July, 2007. 3. We have therefore, no hesitation in taking the view that the application is in the nature of review of the order dated November 4, 2009. Moreover, we find that the Court on the earlier occasion has recorded its opinion, which is on merits of the contention to consider the prayer for interim relief. That finding would bind us. The fact that the Petitioner now apprehends attempt of disposal of the suit property by the Respondents, can be no basis to entertain this application, as that apprehension was very much present when the earlier application was moved by the Appellant being Civil Application No.2119 of 2008. No ground for review has been made out in the present application. In our opinion, this Application should fail. The same is dismissed. (A.A.SAYED, J) (A.M.KHANWILKAR, J)