MADHAV SHANKAR PANDIT Vs. GANAPATI NARAYAN SABHAHIT

JUDGEMENT

(1.) THIS review Petition is filed by respondents 5 to 7 in M. F. A. No. 5472/2001 requesting this court to review the judgment dt. 8/8/2005 passed by this Court in M. F. A. No. 5472/2001 and further requested to set aside the same and dismiss the appeal with costs urging various legal contentions.

(2.) IN this judgment, for the sake of convenience, the rank of the parties is referred to, as has been assigned in the Misc. First Appeal.

(3.) THE first ground urged in this petition is that no appeal lies Under Section 72 (4) of the bombay Public Taist Act, 1950 (hereinafter referred to as the BPT Act) against the order dt. 24/9/2001 passed in Misc. No. 26/1998 on the file of the District Judge, Uttara Kannada District, karwar, rejecting the claim of second appellant to appoint him as the Trustee of the Trust of sree Vinayaka Devaru Temple, Idagunji. Therefore the order passed by this Court allowing the appeal is without jurisdiction, hence the judgment sought to be reviewed suffers from error apparent on the face of the record is the ground on which this petition is filed to review the order passed in the appeal.