1 Review (ST) No. 13155.11. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. REVIEW PETITION (ST) NO. 13155 OF 2011 in SECOND APPEAL NO. 1524 OF 2004 Guruwarya Dadasaheb Dhonde Co-operative Low Income Housing Society Ltd., Deopur, Dhule Through Chairman ..PETITIONER VERSUS Jabedabai Ismail Khimani deceased through L.Rs. ..RESPONDENTS ... Shri V.B. Patil , Advocate for petitoiner Shri B.R. Warma, Advocate for respondent CORAM :- S.V. GANGAPURWALA JJ. DATE:- 2nd August, 2011. PER COURT : The petitioner seeks review of the order dated 2 Review (ST) No. 13155.11. 20-12-2010 passed by this Court, dismissing the Second Appeal. 2. The suit filed by the present respondent / Original plaintiff for possession of the encroached portion against the present petitioner was decreed by the Trial Court. Aggrieved thereby, the present petitioner preferred an appeal before the District Judge. The District Judge also confirmed the Judgment and Decree of the Trial Court. The petitioner assailed the said Judgment in the Second Appeal. This Court vide order dated 20-12-2010, dismissed the Second Appeal, and confirmed the concurrent finding of facts arrived at by the Trial Court. The petitioner assails the said order by way of present review petition. 3. Shri Patil, learned counsel for the review petitioner submits that the suit itself was not maintainable in view of absence of notice, as contemplated Under Section 164 of the Maharashtra Cooperative Societies Act, 1960. This 3 Review (ST) No. 13155.11. aspect has not been considered. The learned counsel further submits that even the measurement was not properly done. The Review petitioner sought re- measurement, same was not considered. The boundaries were fixed by D.I.L.R. and measurement was carried out by the T.I.L.R., this anomaly was not considered. The learned counsel further contends that plots have been drawn and allotted to the different members. The encroachment in respect of each and every plot was not shown. On this count also the decree could not have been passed. 4. The objection regarding non-issuance of notice U/Sec. 164 of the Maharashtra Cooperative Societies Act, 1960 was not raised by the present review petitioner in his written statement, and not before any Court, nor when the arguments at the time of Second Appeal were heard. Even the fact that the society has laid down the plots and allotted to different members was not averred, nor proved by the petitioner. While deciding the Second 4 Review (ST) No. 13155.11. Appeal this Court had considered the measurement map on record and the appreciation of the evidence in that regard by both the fact finding Courts, and thereafter this Court has dismissed the Second Appeal. The Jurisdiction of this Court U/Sec. 114 read with Order 47 of Civil Procedure Code to entertain review petition is in narrow compass. It is not akin to Appellate Jurisdiction. 5. In view of the above, review petition is dismissed. However, there shall be no order as to costs. [S.V. GANGAPURWALA, J ] SDM* August-11