Case Note & Summary
The review petitioner, Bipin Chandulal Sodha, filed a review petition (Review Petition No. 31 of 2025) seeking review of the judgment dated 19 December 2024 passed by the Bombay High Court in Writ Petition No. 2752 of 2022. The original writ petition challenged the demolition of the petitioner's structure by the Municipal Corporation of Greater Mumbai (MCGM) on the ground that it was unauthorized construction. The writ petition was dismissed after hearing both sides. In the review petition, the petitioner contended that the judgment suffered from errors apparent on the face of the record. The Court examined the review petition and the grounds raised. It noted that the review jurisdiction under Order 47 Rule 1 of the Code of Civil Procedure, 1908 is limited to correcting errors apparent on the face of the record and does not permit re-hearing of the matter on merits. The Court found that the petitioner had not pointed out any such error. The review petition was essentially an attempt to re-argue the case, which is not permissible in review proceedings. Consequently, the Court dismissed the review petition with no order as to costs.
Headnote
A) Civil Procedure - Review - Error Apparent on Record - Section 114, Order 47 Rule 1 Code of Civil Procedure, 1908 - The review petitioner sought review of the dismissal of his writ petition challenging demolition of alleged unauthorized construction by MCGM. The Court held that review is not an appeal and the petitioner failed to point out any error apparent on the face of the record. The review petition was dismissed. (Paras 1-6) B) Municipal Law - Unauthorized Construction - Demolition - Maharashtra Regional and Town Planning Act, 1966, Section 53 - The petitioner's structure was demolished by MCGM as unauthorized. The writ petition was dismissed after hearing. The review petition did not raise any new ground or error. (Paras 2-5)
Issue of Consideration
Whether the review petition discloses any error apparent on the face of the record warranting review of the judgment dated 19 December 2024 in Writ Petition No. 2752 of 2022.
Final Decision
Review Petition No. 31 of 2025 is dismissed. No order as to costs.
Law Points
- Review jurisdiction limited to error apparent on record
- not re-appreciation of evidence
- Review petition not an appeal in disguise
- Section 114 CPC
- Order 47 Rule 1 CPC
