( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9392 OF 2008 IN REVIEW APPLICATION (STAMP) NO. 16637 OF 2008 IN SECOND APPEAL NO. 336 OF 2004 Sharad Dagdu Shinde APPLICANT VERSUS Gitabai w/o Dagdu Shinde Since deceased, by L.Rs. Kalawatibai w/o Waman Gund and others. RESPONDENTS ..... Mr. P.R. Katneshwarkar, advocate for the applicant. Smt. Tejaswini Adhav, advocate holding for Smt. Anjali Dube­Bajpai, advocate for the respondents. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th December, 2009] PER COURT : 1. Heard. 2. There is delay of 37 days in filing of the review application. Considering the reasons stated in the application and having regard to the fact that the applicant was suffering from illness, the delay is ( 2 ) condoned. The civil application is allowed. 3. So far as review application is concerned, it may be stated that the dismissal of the second appeal by order dated 19­06­2008 is on account of the findings and the legal position settled in case of “Smt. Pushpa Devi v. The Commissioner of Income­tax, New Delhi” (AIR 1977 S.C. 2230). The findings of the Courts below regarding the absence of theory of of blending of the property in the common hotchpotch of the joint Hindu family is based on material. No error apparent on face of the record is located. Consequently, the review application is dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/ca9392­08