HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 168 OF 2007 REVIEW PETITION NO. 168 OF 2007 REVIEW PETITION NO. 168 OF 2007 IN IN IN WRIT PETITION NO. 8165 OF 2004 WRIT PETITION NO. 8165 OF 2004 WRIT PETITION NO. 8165 OF 2004 Ganpat Dhanji Masaye .... Petitioner Versus Assistant Consolidation Officer No. 5 and Ors. ... Respondents Mr. Asif Iqbal I. Patel for the Review Petitioner. None for Respondents. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO,J. DATED: MARCH 11, 2008 DATED: MARCH 11, 2008 DATED: MARCH 11, 2008 P.C. P.C. P.C. . Admit. . The Petiteiorn took several steps to serve private respondents being Respondent Nos. 2 to 6 in this Review Petition. . On 18.10.2007 Mr. D.L. Doshi with Ms. Suparna Holamagi i/by M.V. Holamagi were present. The delay was condoned. The matter was adjourned to 5th December, 2007. On the next date as none appeared the matter was adjourned. Thereafter several adjournments were given. On 23.1.2008 Mr. M.V. Holamagi appeared for Respondents. The matter was adjourned to 26.2.2008. As none appeared on 26.2.2008, the counsel for the Petitioners was asked to give notice to Mr. Holamagi that the matter will be heard and finally disposed of on 11th March, 2008 at 2.40 p.m. The counsel produced notice which was received by Ms. Suparna Holamagi. The same is taken on record. None appears for R. Nos. 2 to 6 today. . By this review Petition, Petitioner seeks recall of the order dated 19.10.2005. By that order, the Petition filed by the Petitioner herein was dismissed on the ground that the suit has already been filed and it will be open to the Petitioner to take steps in that suit. . When the matter comes up for hearing, the learned counsel draws my attention to Section 36A(1) of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Section 36A(1) bars the jurisdiction of any civil court or Mamlatdar’s court to decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the State Government or any Officer or authority. . Section 36B(1) further sets out that if any suit instituted in any Civil Court or Mamlatdar’s Court involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under this Act, the Civil Court or Mamlatdar’s Court shall stay the suit and refer such issues to such competent authority for determination. . The contention of the Review Petitioner is that this court did not consider the provisions of Section 36A while dismissing the Petition. Considering the above, in my opinion, the order dated 19.10.2005 is recalled. The Petition restored to file. To be placed before the appropriate Bench for admission. Review Petition disposed of accordingly. (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)