Dismissed

Ganesh Shankar Bhosale v. Dnyanu Krishna Bhosale (Decd) by Lrs Vithal Dnyanu Bhosale and Ors.

Bombay HC12 Jun 2009CAO/54/2009

Case brief

AI extract

What is this about?

Single judge rejected the applicant's prayer for condonation of 176 days delay in filing a review application due to lack of sufficient cause, noting the applicant had previously lost the second appeal and the litigation dates back decades. The review application was disposed of accordingly.

What did the court decide?

Condonation of delay of 176 days denied; Civil Application rejected; Review Application disposed of.

Ganesh Shankar Bhosale Vs Dnyanu Krishna… — Civil Procedure and Limitation | Bombay HC (2009)

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lgc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.54 OF 2009 IN REVIEW APPLICATION ST.NO.4985 OF 2009 IN SECOND APPEAL NO.760 OF 2006

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Ganesh Shankar Bhosale: Applicant.
Versus
Dnyanu Krishna Bhosale
since deceased through his
Heirs & legal representatives

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1. Vithal Dnyanu Bhosale & ors.: Respondents.

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Shri P R Arjunwadkar for the Applicant.
None for the Respondents.

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CORAM :R M SAVANT, J.
DATE :12th June 2009

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P.C. (IN CHAMBER)

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1.By the above Civil Application, the Applicant

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prays for condonation of delay of 176 days in filing
the above Review Application.

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2.The above Review Application is filed seeking

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review of the order dated 15/07/2008 passed in the

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Second Appeal No.760 of 2006. By the said order the
concurrent findings recorded by both the courts below
were confirmed by this Court.

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3.The grounds on which the condonation of delay is
sought are mentioned in Paras 3, 4 and 5 of the above
Civil Application. The sum and substance of the case
of the Applicant in the said Paragraphs is that in
making the financial arrangement as also in
transmitting the papers to the advocate for filing
the review application, the delay of 176 days has
occurred. In my view, considering the said case, no
indulgence can be shown to the Applicant, therefore,

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no case for condonation of delay of 176 days is made
out. It is also pertinent to note that the Applicant
has lost in both the Courts below as also the Second
Appeal No.760 of 2006 filed by him has been dismissed
by this Court. The parties are related to each other
and have been litigating since 1977. In that view of
the matter, no relief can be granted in the above
Civil Application. The Civil Application is
accordingly rejected.

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4.In view of the rejection of the above Civil
Application, the Review Application St. No.4985 of
2009 does not survive and the same is accordingly
disposed of.

Ganesh Shankar Bhosale v. Dnyanu Krishna Bhosale (Decd) by Lrs Vithal Dnyanu Bhosale and Ors.

Case brief

What is this about?

What did the court decide?

Ganesh Shankar Bhosale v. Dnyanu Krishna Bhosale (Decd) by Lrs Vithal Dnyanu Bhosale and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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