1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.43 OF 2008 IN WRIT PETITION NO.7263 OF 2002 WITH WRIT PETITION NO.3703 OF 2006 Kalawati R.Patil (since deceased) through L.R.Basavraj Guruling Navale & Anr. ..Applicants. V/s. Somshankar Gurulingappa Algundagi & Ors. ..Respondents. Mr.I.M.Khairdi for applicants. Mr.G.S.Godbole for respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 16, 2008. DATE : FEBRUARY 16, 2008. DATE : FEBRUARY 16, 2008. P.C. : P.C. : P.C. : 1. I find substance in the preliminary objection taken on behalf of the Respondent Nos. 1 and 2 that this Application is in the nature of second review petition, which is not maintainable. Even assuming that this Application was to be entertained, the grievance in the Application is completely misreading of the opinion recorded in my Order dated 8th July, 2003. Nowhere in that Order, I have held that Sharanappa Gurulingappa Algundagi is not eligible to pursue the claim, although he is one of the heir of the deceased Judgment debtor No.1. On the other 2 hand, it is clearly noted that no other person has come forward to claim the assets of the original Judgment Debtor No.1 and the Petitioners before me were the natural heirs entitled to succeed to the assets of the Judgment Debtor No.1. At any rate, the Applicants cannot be heard to make grievance on behalf of the said Sharanappa Gurulingappa Algundagi. The Application is obviously intended to protract the proceedings. There is no merit in this Application. 2. Hence dismissed with exemplary costs quantified at Rs.5,000/-, to be paid to the Respondent Nos. 1 and 2 for this frivolous application within two weeks from today, failing which, it will be open to the Respondent Nos. 1 and 2 to seek appropriate relief against the Applicant, as may be advised. . Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)