Bombay High Court

SALIM KHAN AKBAR KHAN PATHAN (MULLA)versusGAFFAR KHAN KALANDAR KHAN PATHAN AND ANOTHER

Disposal: DISPOSED OFF
Bench: SHAILESH P BRAHME

Holding

A civil revision is not maintainable where an appeal is the permissible remedy.

Summary

Salim Khan Akbar Khan Pathan (Mulla) filed a civil revision challenging a decree of possession that had been passed by the trial court and affirmed by the lower appellate court. No counsel appeared on behalf of the applicant at the hearing. The court examined whether a civil revision is an appropriate remedy when an appeal is available under law. It held that the revision was not tenable because the remedy of appeal is permissible. Consequently, the civil revision application was dismissed.

Issues considered

Whether a civil revision is maintainable when an appeal is the appropriate remedy under the Civil Procedure Code

Subjects

Civil Procedure Code
Revision
Appeal
Decree of Possession

Judgment

2026:BHC-AUG:11950




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                                      AT AURANGABAD

                                          44 CRA NO. 114 OF 2021

                           SALIM KHAN AKBAR KHAN PATHAN (MULLA)
                                          VERSUS
                      GAFFAR KHAN KALANDAR KHAN PATHAN AND ANOTHER

                                                   ...
                      Advocate for Applicant : Mr. Afzal Husain M. Vakil – Absent.
                                                   ...

                                                CORAM :      SHAILESH P. BRAHME, J.
                                                DATE :       18.03.2026
                     PER COURT :-


                     1.      None appears for the applicant in both the sessions.


                     2.      Civil revision application is emanating from the decree of

                     possession passed by the Trial Court which was confirmed by

                     Lower Appellate Court. Civil revision application is not tenable

                     as remedy of appeal is permissible in law.


                     3.      Civil revision application is dismissed




                                                            (SHAILESH P. BRAHME, J.)

                                                      ...

                     vmk/-

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