1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 434/2011 IN WRIT PETITION NO. 132/2011 (Ramesh Danchand Waswani vrs. Yusufbhai Mukhtar Amir Varawalla) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri D.N.Dani, counsel for petitioner/applicant … CORAM : R. K.DESHPANDE, J. DATED : 2nd MAY, 2011. This Misc. Civil Application has been filed seeking review of the judgment and order dated 28th February, 2011, passed in Writ Petition No. 132/2011 by this Court. The learned counsel for the applicant has urged that in Para 11 of the judgment, this Court has held that the question depriving the right of appeal to the petitioner challenging the findings recorded by the appellate court would not arise and such powers are conferred upon the appellate 2 Court under Order 41. Rule 21 of C.P.C. Hence, the matter was remanded back to the appellate Court for holding an enquiry in respect of the extent of need of the landlord. The learned counsel submits that under Order 41, Rule 25, the matter was required to be remanded back to the trial Court. Hence, the review is sought and the remand is asked for to the trial court for making an enquiry and recording the findings. The point urged was argued when the matter was decided. The question has been specifically dealt with in para 11 as to whether the matter should be remanded back to the trial court or to the appellate court. In view of this, there is no error apparent on the face of record. The application is, therefore, dismissed with the costs of Rs.5000/- to be paid to the respondent within a period of three weeks from today. The appellate Court to ensure that the costs 3 of Rs.5000/- is paid to the respondent. The writ be sent to the appellate Court. JUDGE Rvjalit