MAHAVIR PROPERTIES PVT LTD Vs. ISWAR GAJALAKSHMI MATA THAKURANI AND OTHERS
LAWS(CAL)-2018-11-57
HIGH COURT OF CALCUTTA
Decided on November 30,2018

Mahavir Properties Pvt Ltd Appellant
VERSUS
Iswar Gajalakshmi Mata Thakurani And Others Respondents

JUDGEMENT

- (1.) Let the affidavit of service filed in Court today be taken on record.
(2.) An appellate decree was passed by this Division Bench on 18th May, 2018 for such reasons as contained in our judgment. Thereafter, on 4th September, 2018, a Review was filed, being RVWO 27 of 2018, which was accompanied by two interlocutory applications, the first being, G. A. 2553 of 2018, which contains the following prayers : 'a) Production of additional evidence of the 1975 sanction plans by the KMC with opportunity to prove the same by calling witnesses. b) Allowing the witnesses to be examined to prove the petitioner's contention.' and the second, being G. A. 2534 of 2018, which contains prayers, inter alia, for leave to be granted to the petitioner to file a Memorandum of Review against the judgment and order dated 18th May, 2018 passed by this Division Bench on such undertakings as specified under prayer (a) and also for stay of operation of the judgment and order dated 18th May, 2018.
(3.) In the facts of the instant case, a review would be possible only if G. A. No. 2533 of 2018 is allowed. The reason is, without additional evidence being brought on record or allowing witnesses to be examined to prove the petitioner's contention, there is no case made out by the petitioner for reopening the appeal sitting in our Review jurisdiction on the limited grounds as provided under Order XLVII of the Code of Civil Procedure.;


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