1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. REVIEW APPLICATION NO.: 113 OF 2010 IN SECOND APPEAOL NO.: 1172 OF 2005 *** Namdeo S/o Govind Gadekar Versus Kondabai W/o Dattatrao Bedre and others *** 1. Heard learned counsel Mr. S. V. Chandole, instructed by learned counsel Mr. A. S. Deshmukh who appears for the Petitioner and Advocate Mr. S. V. Warad who appears for both the Respondents. 2. Learned counsel for the Review Petitioner points out grounds for review. He has invited my attention to para 7, which is reproduced herein below: "(i) Whether plaintiff No.2 is entitled to share in ancestral property of Govind, which she had marry with Laxcman during life time of Govind i.e. during subsistence of earlier marriage. (ii) Whether plaintiff No.2 proved that she had remarry with laxman after the death of Govind." 3. According to learned counsel for the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Petitioner this is discovery of new and important matter. He further submitted that even though there was sufficient pleading, the trial Court did not frame these two issues, neither these two issues were considered by the first Appellate Court as points for determination. He, therefore, seeks review of the order passed by this Court in Second Appeal. According to him, case for review of the order, passed by this Court in Second Appeal No.1172 of 2005 dated 15th September, 2008, is established. 4. Learned counsel Mr. Warad per contra submits that no case for review is established. According to him, every thing has been considered by the trial Court, first Appellate Court and this Court. He prays for dismissal of the review application. 5. Order passed by this Court in Second Appeal, review of which is being sought by the present Petitioner, is annexed to this 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. review petition. With the assistance of learned counsel for the parties, I have seen the order. Order passed by this Court in second appeal is quite elaborate. Pleadings raised in the plaint have been referred to, considered. Pleadings raised on behalf of the original defendant (present review petitioner) also have been referred to. After referring these pleadings issues framed by the trial Court have been considered. Judgment of the trial Court is also noticed by this Court. Thereafter, this Court has noticed that there were two appeals before the first Appellate Court under section 96 read with Order 41 of the Code of Civil Procedure. Both the appeals have been dismissed by the first Appellate Court. This fact is also noticed by this Court. It appears from the judgment of the first Appellate Court that the points which were framed by the first Appellate Court have been 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. taken into account. Considering all material on record, this Court recorded a finding that no substantial question of law arise in the second appeal and second appeal was accordingly dismissed, at the stage of admission. 6. I have given due consideration to the submissions of the learned counsel for the parties. In my view, this review application is nothing but an appeal filed by the review petitioner under the guise of review. I have considered the provisions laid down under section 114 and Order 47 of the Code of Civil Procedure. In my view, no case for review is established. Review application stands dismissed. No costs. [S.B.DESHMUKH, J.] Dated:16/08/2010. ans/113