Mahadev Dada Waghmode And ANR. v. Namdev Dhuldeo Waghmode And ANR.

42 wp 8066-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 8066 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Surel Shah for the Petitioner.

CORAM : K. K. TATED, J.

DATED : 11/08/2016 P.C.:

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Heard learned Counsel for the parties.

By this petition under Article 227 of the Constitution of India the Petitioner defendant challenges the order dated 24.08.2015 passed by learned District Judge-2, Baramati, below Exh.1 in Civil Misc. Application No. 75 of 2013, rejecting defendant's application for condonation of delay of 8 years 2 months and 7 days in filing review petition. Defendant in his application for condonation of delay dated 31.08.2013 made grievance that his Advocate failed to communicate him the order passed by the Appellate Court on 24.06.2005 in Regular Civil Appeal No. 11 of 2002. As soon as he learnt about the order at the time of execution,he filed application for delay.

Considering the submissions made by the Sneha Chavan 1/2

42 wp 8066-16=.doc learned counsel for the petitioner, application below Exh.1 dated 31.08.2013 and the impugned order dated 24.08.2015, caused shown by the applicant cannot be considered as sufficient ground for condonation of 8 years, 2 months and 7 days delay in filing review petition.

Hence, Writ Petition stands dismissed.

(K.K.TATED, J.) Sneha Chavan 2/2