Disposed

Smt. Tarabai Wd/O Mannulal Hasore (Hasoriya), (Dead) v. Shri. Sanjivkumar Prasad and Other

Bombay HC1 Mar 2024CAO/155/2024

Case brief

AI extract

What is this about?

Application for condonation of 11 days' delay in filing a review application against the judgment in Second Appeal No. 431 of 2023. Delay condoned, review allowed since no substantial question of law had been formulated, and the second appeal restored to its original number with a substantial question of law framed.

What did the court decide?

11-day delay in filing review condoned; review application allowed; Second Appeal No. 431/2023 restored; statement accepted that no demolition of suit property until further orders.

Smt. Tarabai Wd/O Mannulal Hasore (Hasoriya), (Dead) Vs… — Property and Title | Bombay HC (2024)

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2024:BHC-NAG:2535

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CAO 155.24 in MCAst 1793-24

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

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CIVIL APPLICATION (CAO) NO. 155 OF 2024 IN

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MISC. CIVIL APPLICATION (ST.) NO. 1793 OF 2024 (REVIEW) IN

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SECOND APPEAL NO. 431 OF 2023 (D)

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SMT. TARABAI WD/O. MANNULAL HASORE (HASORIYA) (DEAD) 1A) SHRI SHYAM S/O. MOHANLAL HASORE

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(HASORIYA) AND ORS.

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...VERSUS…

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SHRI SANJIVKUMAR PRASAD, PROPRIETOR OF SARASWATI BUILDERS AND ANR.

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____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

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Shri S.S.Sitani, Advocate for applicants (original respondents). Shri Rajesh Nagpure, Advocate for respondent nos. 1 and 2 (original appellants).

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CORAM : SMT. M. S. JAWALKAR,J.

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DATE : 01st MARCH , 2024

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The present application is filed for condonation of delay of 11 days in filing review application.

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The application is opposed by the learned counsel for the respondents, however, for the reasons stated in the application, the application is allowed. Delay of 11 days in filing review application is hereby condoned.

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Registry is directed to register review application i.e. MCA(St.) No. 1793/2024.

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Accordingly, the application stands disposed of.

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MISC. CIVIL APPLICATION (ST.) NO. 1793 OF 2024.

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Heard both the parties.

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CAO 155.24 in MCAst 1793-24

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It appears that, inadvertently, the substantial question of law was not formulated in the matter. However, it appears that, both the parties were granted hearing. Still in the absence of any substantial question of law, it would be appropriate to allow the present application for review of the judgment dated 13/12/2023. As such, the review application is allowed.

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Registry is directed to restore the Second Appeal on its original number.

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Accordingly, the application stands disposed of.

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SECOND APPEAL NO. 431 OF 2023

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Call R & P.

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List the matter for final hearing, on the following substantial question of law:-

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“Whether the discretion exercised by the Court rejecting the delay application is proper ?”

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It appears from the documents placed on record along with the reply to the application for grant of stay that, in pursuance to execution order, on 29/02/2020, plot no. 5 along with structure thereon was handed over to the respondents. Though it is contended by the appellants that, the total property was not handed over, in my considered opinion and from the documents, it is clear that the suit property is already handed over to the respondents. However, the learned counsel for the respondents - Smt. Tarabai Wd/o. Mannulal Hasore (Hasoriya) (Dead) through legal Heirs, on

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CAO 155.24 in MCAst 1793-24

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instructions, makes a statement that, there will not be any demolition of the suit property until further orders. His statement is accepted as the statement to the Court.

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4. List the matter on 15/03/2024.

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(Smt. M.S. Jawalkar, J.)

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B.T.Khapekar

Smt. Tarabai Wd/O Mannulal Hasore (Hasoriya), (Dead) v. Shri. Sanjivkumar Prasad and Other

Case brief

What is this about?

What did the court decide?

Smt. Tarabai Wd/O Mannulal Hasore (Hasoriya), (Dead) v. Shri. Sanjivkumar Prasad and Other

Case brief

What is this about?

What did the court decide?

What the court decided

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