The Thane Municipal Corporation v. 1. Mr. Yashwant Vagtavamal Punamiya,2. Smt. Vagravarmal Punamiya

12.219.14-cao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.219/2014 IN REVIEW PETITION (ST) NO.15516/2014 IN SECOND APPEAL NO.515/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mahendra Agvekar i/b. Mandar Limaye for the Applicant Mr. Omkar Nagvekar ib. Sunil Kale for the Respondent Nos.1 and 2.

CORAM : K. K. TATED, J.

DATE : OCTOBER 13, 2015 P.C.:

1.

Heard. This Application is for condonation of delay of 170 days in filing the Review Petition to review the order dated 22/10/2013 passed by this court (Coram : S. S. Shinde, J.) in Second Appeal No.515/2013.

2.

The learned counsel for the Respondent vehemently opposed the Civil Application. He submits that the Applicant has not shown sufficient cause for condonation of delay. Hence, there is no substance in the Civil Application. Same be dismissed with costs.

Basavraj G Patil 1/2

12.219.14-cao 3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. At the same time, the Applicant has to pay cost to the Respondent.

4.

Hence, the following order:

a) Delay of 170 days in filing the Review Petition is condoned.

b) The Applicant shall either pay to the Advocate for the Respondent or deposit in the Registry cost of Rs.500/- within 4 weeks from today failing which the Civil Application shall stand dismissed without further reference to the court.

c) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2