spb/- 1 repst15909-07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION REVIEW PETITION (ST.) NO. 15909 OF 2007 IN CIVIL REVISION APPLICATION NO. 65 OF 2005 Ashoka Promoters Pvt. Ltd., ... Petitioner. V/s. Shri Lahanu Ramji Pawar & Ors. ... Respondents. ----- Mr. R.S. Apte, Senior counsel i/by A.A. Garge for the Petitioner. Mr.M.M.Sathaye for the Respondent No.2. ----- CORAM : D. G. KARNIK, J. DATE : 08th AUGUST, 2011. P.C. : 1 Delay condonation application has been allowed by a separate order passed today. Office is directed to number the Review Petition. By consent heard forthwith. 2 The petitioner has prayed for review of the order dated 25th April, 2007 passed by this court, dismissing the petitioner’s civil revision application. The revision application was dismissed relying upon a decision of a single Judge (myself) of this court in Solapur Social Urban Co-operative Bank Ltd., vs. Nagam A. Mannan Beskar & Ors. , 2006 spb/- 2 repst15909-07.sxw (4) Bom. C.R. 217. Learned counsel for the petitioner submitted that the decision in the Solapur Social Urban Co-operative Bank Ltd., has been overruled by a Division Bench of this court in Madhuri Prabhakar Patole vs. Aruna Satishchandra Gaikwad, 2008 (3) Mh. L.J. 447. Counsel for the applicant submits that the review petition needs to be allowed as judgment on the basis of which order which is subject matter of review has been passed has been overruled. 3 Explanation to Rule 1 of Order 47 says the fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by a subsequent decision of a superior court in any other case, shall not be a ground for the review of such judgment. Thus the fact that decision on which the order under review is based is overruled subsequently is no ground for review. Consequently, overruling of the decision in Solapur Urban Co-operative Bank’s case cannot be a ground for review. No other ground was urged. 4 Review petition is rejected. [D.G. KARNIK, J.]