Allowed

Prakash Vithalrao Kavthekar and Ors. v. Bajrang Manohar Sonavane and Ors.

Bombay HC10 Dec 2018CAO/2/2019

Case brief

AI extract

What is this about?

The High Court of Bombay, in Civil Application (L) No. 35028 of 2018, held that there is no delay in filing a review petition and condoned the delay due to the unique circumstances of an ex parte dismissal followed by a jurisdictional challenge before a different judge.

What did the court decide?

Declaration that there is no delay in filing the review petition and permission to file the review petition for recalling the impugned order.

Prakash Vithalrao Kavthekar and Ors. Vs… — Civil Procedure and Limitation | Bombay HC (2018)

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1-CAO35028.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION (L) NO. 35028 OF 2018 IN REVIEW PETITION (L) NO. 34389 OF 2018 IN WRIT PETITION (ST) NO. 15907 OF 2018

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Prakash Vithalrao Kavthekar & Ors.

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….. Applicants (org. Respondent nos. 4 to 7 & 9)

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VERSUS

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Bajrang S/o. Manohar Sonavane & Ors.

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..… Respondents

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Mr.V.D.Salunke, a/w. Mr.G.K.Naik Thigle, i/b. Mr.A.B.Kakade for the Applicants in review petition and civil application.

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Mr.Shailendra Kanetkar for the Respondents.

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CORAM : R.D. DHANUKA, J. DATE : 10^th DECEMBER, 2018

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P.C .

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Not on board. Taken on board.

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By this civil application, the applicants (original respondent nos. 4 to 7 and 9) seeks a declaration that there is no delay in filing review petition and in case this court comes to the conclusion that there is any delay in filing review petition, the same may be condoned.

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The applicants seek recall of the order dated 13^th June, 2018 in Writ Petition (St) No.15907 of 2018. The said order was admittedly passed ex-parte insofar as these applicants are concerned. The applicants thereafter appeared before this court and filed affidavit in

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reply opposing the writ petition on various grounds including the ground of jurisdiction. The matter appeared before Smt.Revati Mohite Dere, J. on 17^th September, 2018. This court was of the view that since the applicants seeks recall of the order passed by R.D.Dhanuka, J., this court directed the registry to take steps to place the matter before this court presided over by R.D.Dhanuka, J. The matter thereafter appeared before this court on 27^th November,2018 when this court permitted the applicants to file the review petition for recalling of the order dated 13^th June, 2018.

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The earlier order was passed by this court ex-parte and thereafter the applicants have already filed affidavit before this court raising an issue of jurisdiction. In these circumstances, in my view there is no delay in filing review petition. On perusal of the averments made in the civil application, in my view even otherwise the applicants have made out a case for condonation of delay in filing review petition. Civil application is accordingly disposed of in the aforesaid terms. No order as to costs.

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[R.D. DHANUKA, J.]

Prakash Vithalrao Kavthekar and Ors. v. Bajrang Manohar Sonavane and Ors.

Case brief

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Prakash Vithalrao Kavthekar and Ors. v. Bajrang Manohar Sonavane and Ors.

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