Application for condonation of delay in filing a review petition was allowed. The high court restored the review petition to file after finding no error in the dismissal of the underlying writ petition.
Application for condonation of delay allowed; review petition restored to file; lower court's order rejected.
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CAW429_10
MP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 429 OF 2010 IN REVIEW PETITION (St.) NO. 2327 OF 2010 IN
WRIT PETITION NO. 1435 OF 2009
Subhash Dattatraya Karle .. Applicant Versus Geeta Vishwanath Uplap and others .. Respondents
Mr. J. S. Kini i/b. Mr. Suresh Dubey for Applicant.
CORAM : B.R. GAVAI, J. MARCH 04, 2011
P. C. :
CAW429_10
MP
case is made out for interference in the discretion exercised by the learned Trial Court.
(B.R. GAVAI, J)
2 issues framed by the court
Whether to condone the delay in filing a review petition and restore it.
Whether the lower court's dismissal of the writ petition was erroneous in applying Order 6 Rule 17 CPC.
Subhash Dattatraya Karle
Geeta Vishwanath Uplap
B.R. Gavai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
