Application seeking condonation of 2 years and 227 days delay in filing a Civil Revision Application against dismissal of an appeal confirming possession of suit property. Following a companion order, the court dismissed the application, disposed the revision application, and rejected a stay request.
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IA-20563-2022-CRA(ST)-18280-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.20563 OF 2022
IN
CIVIL REVISION APPLICATION (ST.) NO.18280 OF 2022
SHRI. BARKAT PHIDAHUSEN SOHILAND ORS.)...APPLICANTS
V/s.
MILIND CHANDRASHEKHAR MODAK AND ORS.)...RESPONDENTS
Mr.Surel Shah a/w. Mr.Sachin Gite, Advocate for the Applicants.
Mr.P.J.Thorat a/w. Ms.Aditi S. Naikare, Advocate for the Respondents
No.1, 4 and 5A to 5C.
CORAM:ABHAY AHUJA, J.
RESERVED ON:20th JULY 2023
PRONOUNCED ON:10th JANUARY 2024
P.C. :
1. This Interim Application seeks condonation of delay of 2 years
and 227 days caused in filing the Civil Revision Application against the
judgment and order dated 31st July 2019 passed by the Principal
District Judge, Nashik in Regular Civil Appeal No.85 of 2013 whereby
the Appeal filed by the Applicants was dismissed and judgment and
order dated 1st January 2013 passed by the Civil Judge, Senior Division,
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IA-20563-2022-CRA(ST)-18280-2022.doc
Nashik in Regular Civil Suit No.86 of 1997 was confirmed. The Trial
Court had directed the Applicants to put the Respondents in possession
of the Suit property and also to pay arrears of Rs.7880/- to the
Respondents. The impugned judgment and order in the Civil Appeal
was passed on 31st July 2019. The Applicants made an application for
certified copy on 1st August 2019 and received it on 31st August 2019.
2.The facts of this case are similar to the facts in Interim
Application No.20333 of 2022 in Civil Revision Application (S.T)
No.18269 of 2022, where of Judgment has been pronounced today
dismissing the said Application. In view thereof and for reasons
recorded in the said Judgment and Order dated 10th January, 2024 in
Interim Application No.20333 of 2022 in Civil Revision Application
(S.T) No.18269 of 2022, this Application is accordingly dismissed,
there being no sufficient cause in the facts and circumstances of the
case. No order as to costs.
3. The Civil Revision Application accordingly cannot be entertained and to accordingly stand disposed.
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IA-20563-2022-CRA(ST)-18280-2022.doc
4. Mr.Sachin Gite, learned Counsel for the Applicants, seeks stay of the order. Mr.Kekane, learned Counsel for the Respondents no.1, 4 and 5A to 5C, opposes the request. Having heard the learned Counsel, the request for stay is rejected.
(ABHAY AHUJA, J.)
KIRAN SANJAY GHUGE
Digitally signed by KIRAN SANJAY GHUGE Date: 2024.01.18 21:49:42 +0530
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1 issue framed by the court
Should the delay of 2 years and 227 days in filing the Civil Revision Application be condoned?
Shri. Barkat Phidahusen Sohil
Milind Chandrashekhar Modak
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court