IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL AND CIVIL JURISDICTION ORDINARY ORIGINAL AND CIVIL JURISDICTION ORDINARY ORIGINAL AND CIVIL JURISDICTION REVIEW PETITION NO. 31 OF 2008 REVIEW PETITION NO. 31 OF 2008 REVIEW PETITION NO. 31 OF 2008 IN IN IN NOTICE OF MOTION NO. 1067 OF 2008 NOTICE OF MOTION NO. 1067 OF 2008 NOTICE OF MOTION NO. 1067 OF 2008 IN IN IN SUIT NO. 827 OF 2008 SUIT NO. 827 OF 2008 SUIT NO. 827 OF 2008 Natwar Manilal Doshi & Ors. ...Petitioners (Orig.Plaintiffs) vs. Gaurav N. Bhadreshwara & Anr. ...Respondents (Orig.Defendants) Mr.R.C. Kaushik for the Petitioners. None for the Respondents. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : NOVEMBER 10, 2008 DATED : NOVEMBER 10, 2008 DATED : NOVEMBER 10, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the petitioners. None appears on behalf of the respondents though they are served. 2. This petition is filed by the plaintiffs seeking review of the order dated 24th September, 2008. By the said order, the Notice of Motion taken out by the plaintiffs was dismissed. 3. Counsel for the petitioners points out that in para 4, it has been mentioned as under :- - 2 - In the present case, it is an admitted position that the defendant No.2 has informed the plaintiffs that defendant no.1 was not the owner of the suit flat and already third party rights have been created by defendant No.2 who is the builder of the said building." It is submitted that in fact, defendant no.2 had sold the flat to defendant no.1. It was submitted that therefore, the said order may be recalled. 4. It is not possible to accept the submission made by the Counsel for the petitioners. Apart from the aforesaid reason, I have already stated in the said order that defendant no.1 has terminated the agreement since the balance consideration has not been paid within a period of 30 days from the date of execution of the agreement. Hence, no case is made out for review of the order. 5. Review Petition is dismissed. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)