rpw58-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION rpa REVIEW PETITION NO.58 OF 2010 IN WRIT PETITION NO.4450 OF 2009 Sudam Genu Salunke ... Petitioner V/s. Motiram Alias Motilal Chunilal Gujar & Ors. .. Respondents .... Mr. R. B. Jagtap for the petitioner. Ms. Gunjan Shah i/b. Mr. S. A. Sawant for respondent No.1. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 23, 2011. P.C. Heard the learned counsel appearing for the petitioner and the learned counsel for the legal representatives of the first respondent. Perused the order of which review is sought. The challenge in the writ petition was to the Judgment and order passed by the District Court in an Appeal preferred by the review petitioner. This Court while disposing of the writ petition has held that the Appeal preferred by the petitioner before the District Court was not maintainable in so far as the challenge to the order rpw58-10 below application under Exhibit 99 is concerned. However, in Clause (v) of the operative part of the order of this Court on writ petition, it is observed that the order of the trial Court in so far as application at Exhibit 99 is concerned stand confirmed. The learned counsel appearing for the review petitioner submitted that even if Appeal was not maintainable for challenging the order passed below Exhibit 99, the said order could not have been confirmed as legality and validity of the said order below Exhibit 99 was not challenged in the writ petition. I have heard the learned counsel appearing for the legal representatives of respondent No.1. 2. The challenge before this Court was to the order of the Appellate Court in Civil Appeal No.151 of 2009. This Court has held that the order dated 30th January, 2009, passed by the trial Court in so far as application below Exhibit 99 is concerned, was not appealable. However, this Court was not called upon to decide the legality and validity of the order passed below Exhibit 99. Therefore, Clause (v) of the operative part of the order in paragraph No.13 of the Judgment and order of this Court will have to be deleted by keeping the contentions of the parties as rpw58-10 regards order passed below Exhibit 99 open. 3. Hence, I pass the following order : :: O R D E R :: i. Clause (v) of paragraph No.13 of the Judgment and order dated 17th November, 2009, passed in Writ Petition No. 4450 of 2009 stands deleted. It is made clear that no adjudication has been made by this Court on the merits of the order passed by the trial Court below Exhibit 99 and all the contentions of the parties in that behalf are kept open. ii. Review Petition is disposed of accordingly. JUDGE