1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION ST.NO.27266 OF 2008 IN SECOND APPEAL NO.849 OF 2007 1. Yusuf Adam Kuware (since deceased) Through her legal heirs 1a. Amina Yusuf Kuware & ors. .. Petitioners. Versus Tahirabibi Idris Gharte ... Respondent. Shri A P Rege for the Petitioners. Shri A A Garge i/by M/s.N Deepak & Co for the Respondent. CORAM : R.M.SAVANT, J. DATED : MAY 07, 2009 P.C. (IN CHAMBER) 1. Delay in filing the above Review Petition has been condoned by an order passed today in the Civil Application No.2 of 2009 filed by the Applicants/Petitioners. By consent of the parties, the above Review Petition is taken up for admission. 2 2. By the above Review Petition, the Petitioners, who are the original Appellants, are seeking review of the order dated 4th September 2008 passed in the above Second Appeal whereby the Second Appeal was dismissed and the concurrent findings of the Courts below were confirmed. 3. The review is sought inter alia on the grounds that two points, which are mentioned in Paragraph No.10, have not been urged. 4. In my view, the review on the said grounds is not maintainable as it is well settled that the points which were available to the Petitioners, if not urged, are deemed to have been urged, and the Review Petition cannot be filed on the said basis. Perusal of the said grounds do not make out any case for review under Order 47 of the Code of Civil Procedure. The above Review Petition is accordingly dismissed. The ad-interim relief, if any, stands vacated. [R.M.SAVANT, J]