Disposed

Smt. Mangal Ganpat Doifode v. Bajrang Manohar Sonavane and Ors.

Bombay HC10 Dec 2018CAO/1/2019

Case brief

AI extract

What is this about?

The applicant sought a declaration regarding delay in filing a review petition and recall of an ex-parte order. The single-judge bench held there was no delay due to the ex-parte nature and subsequent appearance, permitting the review. The application was disposed of on these terms.

What did the court decide?

Declaration that there is no delay in filing the review petition; ex-parte order recalled; review permitted.

Smt. Mangal Ganpat Doifode Vs Bajrang Manohar… — Civil Procedure and Limitation | Bombay HC (2018)

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1-CAO34919.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION (L) NO. 34919 OF 2018 IN REVIEW PETITION (L) NO. 34391 OF 2018 IN WRIT PETITION (ST) NO. 15907 OF 2018

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Smt.Mangal W/o. Ganpat Doifode

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….. Applicant (Org. Respondent no.8)

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VERSUS

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Bajrang S/o. Manohar Sonavane & Ors. ..… 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 applicant (original respondent no. 8) 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 applicant seeks 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 this applicant is concerned. The applicant thereafter appeared before this court and filed affidavit in reply

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1-CAO34919.18

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 applicant 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 applicant 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 applicant has 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 applicant has 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.]

Smt. Mangal Ganpat Doifode v. Bajrang Manohar Sonavane and Ors.

Case brief

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What did the court decide?

Smt. Mangal Ganpat Doifode v. Bajrang Manohar Sonavane and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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