Case Note & Summary
The petitioner, Mumtaz H. Khoja, filed a review petition against the judgment dated 16 October 2025 passed by the Bombay High Court in Writ Petition No. 773 of 2023. The original petition sought a direction to the Slum Rehabilitation Authority (SRA) to grant an occupancy certificate in respect of a slum rehabilitation project. The court had dismissed the writ petition. In the review petition, the petitioner contended that the judgment suffered from errors apparent on the record. The court, after hearing the parties, found that the review petition did not disclose any error apparent on the face of the record. The court reiterated that review jurisdiction is limited and cannot be used to re-argue the case. The review petition was dismissed.
Headnote
A) Civil Procedure - Review - Error Apparent on Record - Order 47 Rule 1 CPC - The court considered whether a review petition can be entertained when no error apparent on the face of the record is shown. Held that review is not an appeal in disguise and cannot be used to re-argue the case on merits. The petitioner failed to point out any mistake or error in the original judgment. (Paras 1-3)
Issue of Consideration
Whether the review petition discloses any error apparent on the face of the record in the original judgment dated 16 October 2025.
Final Decision
Review Petition No. 18 of 2025 is dismissed.
Law Points
- Review jurisdiction
- Error apparent on record
- No rehearing of merits
- Slum Rehabilitation Authority
- Occupancy certificate
Case Details
2025 LawText (BOM) (10) 67
Review Petition No. 18 of 2025 in Writ Petition No. 773 of 2023
A.S. Gadkari, Kamal Khata
Mr. Aseem Naphade a/w. Adv. Saurabh Utangale, Adv. Vedant Joshi i/by Adv. Rohan Sawant for the Petitioner; Ms. Ravleen Sabharwal i/by R.S. Justicia Law Chambers for Respondent No.1-SRA; Mr. Mayur Khandeparkar a/w. Adv. Mayur Singh, Adv. Santosh Pathak, Adv. Deepesh Kadam for Respondent No.2
The Chief Executive Officer, Slum Rehabilitation Authority & M/s. Pioneer India Developers Pvt. Ltd.
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Nature of Litigation
Review petition against dismissal of writ petition seeking occupancy certificate from Slum Rehabilitation Authority.
Remedy Sought
Review of judgment dated 16 October 2025 dismissing Writ Petition No. 773 of 2023.
Filing Reason
Petitioner claimed error apparent on record in the original judgment.
Previous Decisions
Writ Petition No. 773 of 2023 was dismissed on 16 October 2025.
Issues
Whether the review petition discloses any error apparent on the face of the record.
Submissions/Arguments
Petitioner argued that the original judgment suffered from errors apparent on the record. Respondents opposed the review, stating no error was shown.
Ratio Decidendi
Review jurisdiction is limited to errors apparent on the face of the record; it cannot be used to re-argue the case on merits. The petitioner failed to point out any such error.
Judgment Excerpts
By this Review Petition, the Petitioner has prayed for review of the judgment dated 16 October 2025 passed by this Court in Writ Petition No. 773 of 2023.
The Review Petition does not disclose any error apparent on the face of the record.
Hence, the Review Petition is dismissed.
Procedural History
The petitioner filed Writ Petition No. 773 of 2023 seeking occupancy certificate from SRA. The writ petition was dismissed on 16 October 2025. Thereafter, the petitioner filed Review Petition No. 18 of 2025, which was dismissed on 16 October 2025.
Acts & Sections
- Code of Civil Procedure, 1908: Order 47 Rule 1
