Chaugonda Bapu Birnale v. Shripati Appa Savale And ORS.

29. CAS. 1545.17 .doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1545 OF 2017 in REJECTED CASE NO. 1277 OF 2017 Chaugonda Bapu Birnale.

...Applicant/Appellant.

V/s.

Shripati Appa Savale and Ors.

... Respondents.

Mr. Nagesh Chavan for the Applicant/Appellant. Ms. Manjiri Parasnis for Respondents 1,2,4 and 5. CORAM : N.M. Jamdar, J.

DATE : 11 January, 2018.

P.C. :- By this Application, an order dated 28 April 2017 is sought to be recalled. On that date the Application was kept for dismissal. The Board was notified in advance. I have gone through the Civil application. The delay in filing the Second Appeal was of 9 years and 200 days. It was found that there was no reason whatsoever which would explain gross delay of 9 years. The reason which was set out was considered and was not found sufficient. No case is made out to review the order dated 28 April 2017. The Civil Application is rejected.

(N.M. Jamdar, J.)