1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3126 OF 2010. Narayan Shamji Hedau and another -: VERSUS :- Gulabrao Mahipatrao Hedau Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 16, 2010. Heard Shri M.D. Lakhey, learned counsel for petitioners. Respondent claimed to be in possession and filed suit for injunction. The same was later on tried to be amended alleging subsequent dispossession. That amendment was rejected. He then filed an application seeking leave to withdraw the suit with liberty file fresh on same cause of action. That liberty was granted. Present petitioners then sought review of that order and that review was rejected. Shri Lakhey, learned counsel contends that mere acceptance of costs by petitioners could not have been the reason for rejection of such review. He further states that the respondent filed a false suit and then wanted to make amends, by alleging subsequent dispossession, which again is a false story. According to him the permission granted to 2 institute fresh suit on same cause of action is not due to formal defect and hence without jurisdiction. It is apparent that the finding that whether suit as filed earlier or proposed to be filed now, is false or frivolous cannot be reached at this stage. The amendment was proposed alleging subsequent dispossession and present petitioner opposed it. Because of that situation, the trial Court rejected that prayer and hence seeking restoration of possession allegedly lost, a new suit is proposed to be filed. I, therefore, do not find anything wrong with the application of mind by the trial Court. Mere acceptance of cost by petitioners in absence of their Advocate and in absence of any legal advise could not have been used by the trial Court to reject their review application, but then that by itself is not sufficient to hold the order invalid. All defence sought to be contended by Shri Lakhe, learned counsel are open to the petitioners and they can raise it in new suit. Writ Petition is therefore, rejected with no order as to costs. JUDGE Rgd.