Dismissed

Vitthal S/O Baba Dudhe v. Vitthal S/O Appa Dongre Dead, through L.Rs. Shivajirao S/O Vitthal Dongre and 7 Others

Bombay HC27 Mar 2015CAO/333/2014

Case brief

AI extract

What is this about?

In a civil application seeking condonation of delay for filing a review application, the Court held that since the challenge to the grant of 7 acres had attained finality, no case was made out for reconsideration of the issue under Section 49A. Delay was condoned as the prayer was made bonafide.

What did the court decide?

Miscellaneous civil application disposed of with no order as to costs.

Vitthal S/O Baba Dudhe Vs Vitthal S/O Appa Dongre Dead… — Land Acquisition | Bombay HC (2015)

¶1

cao333.14

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

¶4

Civil Application (CAO) No. 333 of 2014

¶5

¶6

Misc. Civil Application St. No. 663 of 2014 in Letter Patent Appeal No. 190 of 2011 (D)

¶7

¶8

Writ Petition No. 1180 of 2011 (D)

¶9

(Vitthal s/o Baba Dudhe through P.O.A. Holder Rahul V. Dudhe Vs. Shivajirao s/o Vitthal Dongre and ors.)

¶10

Office Notes, Office Memoranda of

¶11

Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

¶12

Shri S. R. Deshpande, Advocate for applicant

¶13

Shri R. L. Khapre, Advocate for respondent nos. 1 to 5 and 9 Mrs. B. P. Maldhure, AGP for respondent nos. 6 to 8

¶14

CORAM : B.P.DHARMADHIKARI &

¶15

S. B. SHUKRE, JJ.

¶16

DATE : 27-3-2015.

¶17

Prayer is to condone the delay of 149 days

¶18

in filing Misc. Civil Application Stamp No. 663 of 2014 for review of order dated 15-7-2011.

¶19

Learned Advocate Shri Deshpande submits

¶20

that said order of this Court was questioned before the Hon'ble Supreme Court in S.L.P. No. 28991/2011 and that SLP was dismissed on

.....2/-

cao333.14

2-1-2014. Thereafter within eight days i.e. on 10-1-2014, present proceedings are filed.

¶25

Learned Advocate Shri Khapre is opposing the prayers for condonation of delay. He submits that pendency of matter before the Supreme Court is not relevant here.

¶26

In the light of arguments advanced, we find that prayer for review has been made bonafide, as such, we condone the delay.

¶27

Registrty to register miscellaneous civil application.

¶28

Misc. Civil Application St. No. 663 of 2014

¶29

Shri Deshpande, learned Advocate for applicant points out the language employed in proviso to Section 49A of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. According to him, words 'finally decided' are important and as the challenge was pending at the instance of respondent no. 1, the proceedings were not finally decided. He has

.....3/-

cao333.14

drawn our attention to the order dated 15-7-2011 for said purpose. This question is specifically looked into by this Court while delivering the order dated 15-7-2011. In second paragraph at page no. 5 and 6, this Court has already found that insofar as the grant of 7 acres of land to respondent no. 1 is concerned, it had attained finality and the demand for 12 acres of land was only an issue. Language of said Section 49A is also seen. In this situation, no case for reconsideration of this issue is made out. Miscellaneous civil application is disposed of with no order as to costs.

¶34

JUDGE JUDGE

¶35

wasnik

¶36

...../-

Vitthal S/O Baba Dudhe v. Vitthal S/O Appa Dongre Dead, through L.Rs. Shivajirao S/O Vitthal Dongre and 7 Others

Case brief

What is this about?

What did the court decide?

Vitthal S/O Baba Dudhe v. Vitthal S/O Appa Dongre Dead, through L.Rs. Shivajirao S/O Vitthal Dongre and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Ashok S/O Wasudeo Lanje Vs the State of Maharashtra, through Its Secretary, Dept. of Co-Op. Mumbai and 4 Others

Amrita Premnarayan Sharma Vs State of Mah., through Secretary, Dept. of Higher and Tech. Edu., Mumbai and Another

Jitendragir Ghyanshyamgir Goswami Vs State of Mah., Thr. Its Secretary, Revenue Dept. and 2 Others

Vitthal S/O Baba Dudhe Vs Vitthal S/O Appa Dongre Dead, through L.Rs. Shivajirao S/O Vitthal Dongre and 7 Others

Dr.Suresh Lachamanna Akulwar Vs Secretary of Medical Education and Drugs Deptt.andORS.

Laxman S/O Vishwanath Parhad Vs State of Maharashtra through Its Secretary, Dept. of Revenue and 3 Others