Mr. Subhash Gunaji Shrigaondekar v. Mrs. Seema Subhash Shrigaondekar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 276 OF 2015 IN REVIEW PETITION (ST) NO. 14270 OF 2014 IN FAMILY COURT APPEAL NO. 15 OF 2005 WITH REVIEW PETITION (ST) NO. 14270 OF 2014 Mr. Subhash Gunaji Shrigondekar ...

Applicant V/s.

Mrs. Seema Subhash Shrigondekar ...

Respondent Mr. R.S. Sapkal for the applicant.

CORAM :

NARESH H. PATIL AND A.R. JOSHI, JJ.

10th December, 2015.

P.C.

The learned Counsel appearing for the applicant submits that the appeal came to be dismissed for non-prosecution by an order dated 5th November, 2009 (Coram: Bilal Nazki and S.A. Bobade, JJ). By an order dated 2nd September, 2010 in Civil Application No. 205/2010 Division Bench of this Court (Coram: B.H. Marlapalle & A.A. Sayed, JJ) condoned the delay and restored the appeal for hearing. The appellant was represented by learned Advocate Mr. A.P. Vanarse.

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Learned Counsel submits that applicant came to know about passing of the order under review by this Court on 4th February, 2013, on receiving notice in the execution proceedings filed by the original appellant Mrs. Seema Subhash Shrigondekar.

3.

We have perused the record, the proceedings of Civil Application No. 205/2010, the orders passed by the Division Bench in the proceedings of Family Court Appeal No. 15/2005. There is delay of 293 days in filing the present review petition. We have considered the grounds in review petition. We are not satisfied with the explanation for condoning the delay. The grounds of review do not commend for entertaining the review petition. There is no merit. Civil Application as well as Review petition are dismissed.

(A.R. JOSHI, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.