Prakash Vitthal Gharat Decd. Thr. Lhr Suman Prakash Gharat And ORS v. Rupesh Baban Patil And ORS

17-ia-1381-2022 in rpwst-19860-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1381 OF 2022 IN REVIEW PETITION (ST) NO. 19860 OF 2021 Prakash Vitthal Gharat Decd. through LRs. Suman Prakash Gharat & Ors.

...Applicants

IN THE MATTER BETWEEN

Prakash Vitthal Gharat Decd. through LRs. Suman Prakash Gharat & Ors.

...Petitioners

V/s.

Rupesh Baban Patil and Ors.

...Respondents

Digitally signed by MAMTA AMAR KALE Date:

2022.10.04 10:42:50 +0530 ---- MAMTA AMAR KALE Mr. Nilesh U. Masurkar, for the Applicants.

Mr. Jotiram Jadhav, for the Respondent Nos.1, 2 and 4. ---- CORAM : C.V. BHADANG, J.

DATE : 3 OCTOBER 2022 P.C.

.

This is an application for condonation of delay of 491 days in filing the application for review of the order dated 18 December 2019 in Writ Petition No.10265/2018. 2.

I have heard the learned counsel for the parties. Perused record.

Mamta Kale

17-ia-1381-2022 in rpwst-19860-2021.doc 3.

The learned counsel for the Applicants has submitted that shortly after the order dated 18 December 2019 was passed, there was onset of Covid -19 Pandemic and the physical working of the Courts was suspended. He also points out that there were general orders passed by the Hon'ble Supreme Court protecting the parties during the said period on limitation etc. which orders were continued till 28 February 2022. It is submitted that the present application is filed in the interregnum on 31 October 2021 and the delay deserves to be condoned.

4.

The learned counsel for the contesting Respondent Nos.1, 2 and 4 has opposed the application on the ground that there is substantial delay.

5.

I have considered the submissions made.

6.

Although, the delay is said to be of 491 days, as submitted by the learned counsel for the Petitioner on account of Covid-19 Pandemic, the physical working of the Courts was suspended and there were also general orders passed by the Supreme Court protecting the parties on limitation.

7.

In that view of the matter, the application is allowed. The delay stands condoned. Let the review application be registered. C.V. BHADANG, J.

Mamta Kale