Nehali Panjiyara and Others vs Shyama Devi and Others

S.B. Majmudar J.-We have carefully gone through the review petition and the connected papers.

The review petition raises entirely a new point about the extinction of the legal heirs in the line of descendants of the estate represented by Gurudayal Panjiara and Kunjlal Panjiara prior to the institution of the suit and that the said estate stood inherited in amongst the descendants of only Matuki Panjiara and Ashrafi Panjiara. Such a contention was never canvassed before any of the courts below. Not only that, there was no issue sought for on this point even before the trial court. In second appeal the only dispute raised was regarding suit properties Items 2 to 8. The High Court confirmed the decision about their partibility in the light of the findings reached by the lower appellate court which has noted in para 49 of its judgment that defendant 2nd party admitted the plaintiff''s claim for Items 2 to 8 of the schedule.

Consequently, no case is made out for our interference in the review proceedings on the aforesaid new contention.

The review petition is, therefore, dismissed on merits.