NARAYAN TATYABA GORE DIED THROUGH LRS RAMDAS NARAYAN GORE AND OTHERS v. VISHWAMBHAR SAKHARAM THIGLE AND OTHERS
RA/43/2016 · 2026-09-30
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DailyLaw.ai
[ 2026 DAILYLAW 14563 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14563 (BOM) · dailylaw.ai ]
Judgment text
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15 RA (CIVIL) NO. 43 OF 2016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO. 43 OF 2016 IN WP/12367/2015 Narayan Tatyaba Gore Died Through Lrs Ramdas Narayan Gore And Others VERSUS Vishwambhar Sakharam Thigle And Others … • Mr. Mustafa Momin and Mr. Ramchandra J. Nirmal, Advocates for the Applicants. • Mr. G. K. Thigle, Advocate for Respondent No. 1. • Mr. K. N. Lokhande, AGP for Respondents - State … CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 30th SEPTEMBER, 2026 PER COURT :
1. Heard the learned Advocates appearing for the parties. 2. The applicants seek review of the order dated 18th January, 2016, passed in Writ Petition No. 12367 of 2015. However, in the review application, no ground has been raised pointing out any error apparent on the face of the record. The grievance of the applicants appears to be that the petitioner in Writ Petition No. 12367 of 2015 had earlier approached this Court by filing Writ Petition No. 7695 of 2014 seeking substantially the same reliefs. The said writ petition was withdrawn on 23rd November, 2015 and, within about 20 to 25 days thereafter, Writ Petition No. 12367 of 2015 came to be filed, in which the order sought to be reviewed was passed. 3. Thus, the principal grievance of the applicants is that, after withdrawal of the earlier writ petition, another writ petition was filed Jhs/ 1/2 2026:BHC-AUG:46355-DB
15 RA (CIVIL) NO. 43 OF 2016 seeking substantially the same reliefs. However, it is seen that the present applicants were parties to Writ Petition No. 12367 of 2015. The order sought to be reviewed records that the learned Advocate representing them was not present when the matter was taken up. Except for the aforesaid contention, no error apparent on the face of the record has been pointed out warranting exercise of the review jurisdiction. 4. It is admitted by the parties that a reference under Section 3H(4) of the National Highways Act, 1956 is pending before the competent Civil Court. Since the substantive rights of the parties are pending adjudication in the said proceedings, it would be open to the parties to raise all permissible contentions before the concerned Court. 5.
We expect that the proceedings arising out of the reference under Section 3H(4) of the National Highways Act, 1956, shall be concluded as expeditiously as possible and preferably within six months from today. 6. In view of the above, we do not find any ground to review or recall the order dated 18th January, 2016, passed in Writ Petition No. 12367 of 2015. 7. Accordingly, the Review Application stands disposed of. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] Jhs/ 2/2