Dismissed

Shantabai Sitaram Phirke and Others v. Vasudeo Ananda Patil and Others

Bombay HC4 Dec 2021RA/21/2019

Case brief

AI extract

What is this about?

This court dismissed a review application seeking review of its own order rejecting a civil application filed for re-recalling an order dated 28.10.2015. The court held the re-call application was not maintainable as the matter before the Supreme Court had been dismissed on grounds of delay, thereby confirming the High Court's earlier dismissal of the Second Appeal.

What the court decided

AI extract

Shantabai Sitaram Phirke and Others Vs Vasudeo… — Civil Procedure and Limitation | Bombay HC (2021)

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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904 REVIEW APPLICATION (CIVIL) NO.21 OF 2019 IN

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CA/16724/2016

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SHANTABAI SITARAM PHIRKE AND OTHERS VERSUS

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VASUDEO ANANDA PATIL AND OTHERS

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Advocate for Applicants : Mr.AB Kharosekar, Adv. h/for Mr. Barlinge S.R.; Mr. D.R.Markad, Adv. For R/1 & 3.

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 -----

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CORAM: SMT.VIBHA KANKANWADI,J.
DATE : 4th December, 2021

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PER COURT :-

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Learned Advocate Mr. Kharosekar holding for Advocate Mr.Barlinge, submits that Mr. Barlinge is not available today.

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Learned Advocate for Respondent Nos.1 and 3 is pointing out that present application has been filed for review of order dated 28.7.2017 passed by this Court which was on the application for re-calling back the order passed by this Court of dismissal of Second Appeal No. 268/1994 on 28.10.2015, for which, there was delay of eleven months. By order dated 28^th July, 2017, the said application was rejected by this Court. However, he is pointing out a copy of order passed by the Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No.28220/2017, which was arising out of the impugned final judgment and order dated 28.10.2015 in Second Appeal No.268/1994 passed by this Court. The matter was called out before the Hon’ble Apex Court on 1^st December, 2017. Permission to file

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(2)

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Special Leave Petition was granted, however, the Special Leave Petition was dismissed on the ground of delay. Under such circumstance, the Civil Application No.16724/2016, which was for re-calling of order dated 28.10.2015, was not maintainable and, therefore, the present application for review of that order, is not maintainable. When the Apex Court has, in a way, confirmed the order passed by this Court, dismissing the Second Appeal on 28.10.2015, question of re-call of order does not arise. The Civil Application, therefore, stands dismissed.

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(SMT. VIBHA KANKANWADI)

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JUDGE

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BDV

Shantabai Sitaram Phirke and Others v. Vasudeo Ananda Patil and Others

Case brief

What is this about?

What the court decided

Shantabai Sitaram Phirke and Others v. Vasudeo Ananda Patil and Others

Case brief

What is this about?

What the court decided

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