This judgment dismisses a civil application seeking condonation of delay for filing a review petition. The High Court Bench noted the delay was inordinate and no valid grounds were established to excuse it.
The civil application for condonation of delay is dismissed with no orders as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CIVIL APPLICATION NO.793 OF 2010 IN MISC. CIVIL APPLICATION ST. NO. 4513 OF 2010
IN WRIT PETITION NO.725 OF 1999
(Kisan s/o Gulab Ade vs. State of Maharashtra and others)
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Shri S.A. Marathe, Advocate for applicant.
Shri D.P. Thakare, Assistant Government Pleader for respondent no.1.
Ms. Jaiswal, Advocate h/f Shri Anjan De, Advocate for respondent no.2.
CORAM : P.B. MAJMUDAR AND P.B. VARALE, JJ. DATED : FEBRUARY 21, 2012
This is an application for condonation of
delay in filing review application. Though in the prayer clause of the civil application, it is mentioned that delay is of about 1 year and 149 days, Shri Marathe, learned Counsel for the applicant, fairly states that delay is of more than 3 years.
By an order dated 8/9/2008, the Division Bench of this Court disposed of the writ petition as having become infructuous. The said order was
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passed as back as on 8/9/2008. The applicant thereafter filed review application being Miscellaneous Civil Application No.1035/2008. That Miscellaneous Civil Application was withdrawn by the applicant on 19/12/2008. After withdrawing the review application about three years back, again a fresh review application has been filed wherein civil application has been pressed into service for condoning the delay, which is of more than three years.
In view of the facts stated above, the application for condonation of delay is absolutely misconceived. Even though there is a delay of more than three years, it is mentioned in the prayer clause of the civil application that delay is of 1 year and 149 days. The applicant had already filed miscellaneous civil application for review, which has been withdrawn by him. That apart, no ground has been made out for condoning such inordinate delay. The civil application is, therefore, dismissed.
JUDGE
JUDGE
khj
1 issue framed by the court
Whether condonation of delay of more than three years for filing a review application is justified.
Kisan s/o Gulab Ade
State of Maharashtra
P.B. MAJMUDAR
P.B. VARALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
