Civil Application Review No.11 of 2014

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION (REVIEW) NO. 11 OF 2014

IN

SECOND APPEAL NO. 24 OF 2012

SMT. VIJAYA GAJANAN NAIK                  …      Applicant

V e r s u s

SHRI SURESH BASU NAIK AND 7 ORS.   …      Respondents

Applicant present in person.

CORAM : F. M. REIS, J

DATE :  20th March, 2014

P.C.:-

This is an application seeking review of the judgment dated 21.06.2012 passed in Second Appeal No. 24 of 2012.

2.               I have heard the applicant in person and perused the records.  The main ground of the review is to contend that the provisions of Article 1565 of the Portuguese Civil Code dealing  with  the  succession  are  no  longer  in  force  after coming into force of the Transfer of Property Act. This aspect has been duly examined while disposing of Second Appeal No.24 of 2012 by judgment dated 21.06.2012. Those provisions are dealing with succession which has been examined while passing the judgment under review.  Hence, there is no error apparent on the face of record which calls for review of the said judgment as a review application is not an appeal in disguise.

 

3.              Hence,  the  above  review  application  being  an abuse of process of law stands accordingly rejected.

 

F. M. REIS, J