Sardar Chandsaheb Shaikh ( Thr. His Power Of Attorney Holder) Anwar Allabakash Shaikh v. Anusaya Maruti Jadahv

46. CAO. 243.16 .doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 243 OF 2016 in REJECTED CASE NO. 1238 OF 2015 in SECOND APPEAL NO. 12 OF 2012 Sardar Chandsaheb Shaikh.

... Applicant/Appellant.

V/s.

Mrs. Anusaya Maruti Jadhav.

... Respondent.

Ms. Kavita Shinde a/w. Ashok B. Tajane for the Applicants/Appellants.

Mr. Suhas S. Inamdar for the Respondent.

CORAM : N.M. Jamdar, J.

DATE : 11 January, 2018.

P.C. :- This Civil Application seeks condonation of delay of 304 days and restoration of the Review Petition.

2.

The review is sought of the order dated 15 January 2013 in Second Appeal No.12 of 2012. At that time both, the Appellant and Respondents were represented through the Advocates, and they were heard. Review thereafter has been filed through a different

46. CAO. 243.16 .doc Advocate. Thereafter, for non-payment of Court fees, the Review Application was rejected. After 304 days, the present application is filed for restoration. Time was granted by the Registrar (Judicial) to pay the Court fees, yet, it was not paid. The reply affidavit has been filed and the application is opposed. The application is nothing but abuse of process of law. This Court coming across various incidents, where, after full fledged hearing the proceedings are disposed off and thereafter, by changing the Advocate, again re-hearing is sought under the guise of a review.

3.

The Civil Application is rejected.

(N.M. Jamdar, J.)