Mrs. Prerna Prafullarao Shirke v. Shri. Prataprao Ganpatrao Jagdale And ORS.

osk P2-WP-8739-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8739 OF 2015 Mrs.Prerna Prafullarao Shirke

...Petitioner

V/s.

Shri Prataprao Ganpatrao Jagdale & Ors.

...Respondents

Mr.M.S.Topkar for the Petitioner.

Mr.Sachin Pawar for Respondent No.1.

CORAM : M.S. SONAK, J.

DATE : 26th FEBRUARY, 2016.

P.C.

.

Not on board. Upon production, taken on board. 2.

Heard the learned Counsel for the parties.

3.

The Sub Divisional Officer by an order dated 02.12.2014 has purported to condone the delay in institution of the Revision Petition. The said order was challenged by the petitioner herein in the present petition. In the meantime, the Sub Divisional Officer, it appears that, has passed speaking order and rejected the application for condonation of delay by an order dated 24.09.2015. As against the said order, respondent no.1 has already instituted an Appeal/Revision.

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osk P2-WP-8739-15.odt 4.

In the aforesaid circumstances, this petition has been rendered infructuous. However, it is clarified that there is no question of respondent no.1 urging any ground that the delay having been already condoned by an order dated 02.12.2014, the Sub Divisional Officer was not entitled to make the order dated 24.09.2015. This is because if the order dated 02.12.2014 which is impugned in this petition is perused, then the same is completely unreasoned and in that sense a nullity.

5.

With the aforesaid clarification, the present petition is disposed of.

6.

All concerned to act on the basis of the authenticated copy of this order.

(M.S. SONAK, J.) 2/2