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Bombay High Court

SMITA MADHAV DEO AND ANRversusPANDIT KAUTIK PAWAR AND ORS

Decided
Disposal
Disposed Off

Holding

The review petition is dismissed as there is no error apparent on the face of the record and fresh points cannot be considered in a review.

Summary

The petitioners, Smita Madhav Deo and another, filed a review petition seeking to overturn the High Court's order dated 12 February 2026 in Writ Petition No. 7111 of 2023. The respondents, Pandit Kautik Pawar and others, opposed the review. The Court examined the submissions and found no error apparent on the face of the record in the impugned order. It observed that the review petition introduced new arguments based on a sale deed that were not raised before the original order and therefore amounted to an appeal in disguise. Consequently, the Court held that the order could not be reviewed on fresh points and dismissed the review petition.

Issues considered

  • Whether the order dated 12 February 2026 is liable to be reviewed on the ground of error apparent on the face of the record.
  • Whether a review petition can introduce fresh arguments or evidence not raised before the original order.

Subjects

  • review petition
  • civil appellate jurisdiction
  • writ petition
  • error apparent on face of record
  • fresh arguments
  • appeal in disguise

Judgment

                      Sonali Mane                                                 31-RPW-116-2026.docx



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CIVIL APPELLATE JURISDICTION

                                           REVIEW PETITION NO. 116 OF 2026
                                                            IN
                                            WRIT PETITION NO. 7111 OF 2023


                      Smita Madhav Deo And Anr.                             … Petitioners
                               Versus

                      Pandit Kautik Pawar And Ors.                          … Respondents



                      Mr. Jayendra Khairnar a/w Ms. Gauri Kulkarni for Petitioners.
                      Mr. Pratik Sabrad for Respondent Nos. 1 and 3.



                                                         CORAM       : SANDEEP V. MARNE, J.

                                                         DATE        : 29 SEPTEMBER 2026.

                      P.C. :


                      1)            The Petition is filed seeking review of the Order dated
                      12 February 2026.



                      2)            I have heard Mr. Khairnar, the learned counsel appearing for
                      Petitioners and Mr. Sabrad, the learned counsel appearing for
                      Respondent Nos. 1 and 3.



                      3)            After having considered the submissions canvassed by
                      Mr. Khairnar, this Court is unable to trace any error apparent on the
                      face of record in the Order dated 12 February 2026. The order under
  MANE
  SONALI
                      review is passed after considering the submissions canvassed on behalf
  DILIP
Digitally signed by
MANE SONALI DILIP                                    ___Page No.1 of 2___
Date: 2026.10.01
14:25:38 +0530
                                                      29 September 2026
Sonali Mane                                                    31-RPW-116-2026.docx



of the Petitioners when the Petition was heard and decided. The
present Review Petition is filed as if it is an appeal in disguise.
Mr. Khairnar has attempted to canvass additional points before me by
relying on the concerned sale deed, which were not argued when order
under review was passed on 12 February 2026. The Order cannot be
reviewed on points not argued earlier. No case is made out for review of
the order dated 12 February 2026.



4)            The Review Petition is accordingly dismissed.




                                                       [SANDEEP V. MARNE, J.]




                                ___Page No.2 of 2___
                                 29 September 2026


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