This single judge rejected a civil application seeking condonation of 970 days delay for filing a review petition, holding that prosecutorial busy-ness is not a valid ground. Consequently, the review petition was disposed of.
Application for condonation of delay rejected; Review petition disposed of.
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cac-190-15-(6)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.190 OF 2015 IN REVIEW PETITION ST. NO.26078 OF 2013 IN WRIT PETITION NO. 9687 OF 2010
Parvati Ramchandra Salian & Anr. Vs.
Sudhir Thackersey & Ors
..Applicants
..Respondents
Mr. C. N. Chavan a/w Mr. Manoj Mane for the Applicants
CORAM : R. M. SAVANT, J. DATE : 23rd NOVEMBER, 2015
P.C.
1 The above Civil Application has been filed seeking condonation of delay of 970 days in filing the above Review Petition. The ground set out is in paragraph (7) of the above Civil Application, wherein it has been stated that the Applicants were busy in prosecuting the other proceedings between the parties and for the said reason the Applicants could not file the Review Petition against the order dated 13-1-2011 in time. The said ground can hardly be said to be a ground justifying the delay of almost 3 years in filing the Review Petition. It is also required to be noted that the Review is sought of the order dated 13-1-2011 passed by a Learned Single Judge of this Court D.G. Karnik J. (as His Lordship then was) by which order the concurrent orders passed by the courts below holding that the Applicant / Review Petition is not a tenant, has
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cac-190-15-(6)
been confirmed.
2 In my view, no case for condoning the huge delay of 970 days is made out. The Civil Application is accordingly rejected.
3 In view of the rejection of the above Civil Application, the above Review Petition which suffers from the said delay of 970 days, does not survive and to accordingly stand disposed of.
[R.M.SAVANT, J]
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2 issues framed by the court
Whether the delay of 970 days in filing a review petition can be condoned on the ground of busy-ness in prosecuting other proceedings.
Whether the impugned order stays in force after expiry of limitation for filing review if limitation cannot be condoned.
Parvati Ramchandra Salian
Sudhir Thackersey
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
