Parvati Ramchandra Salian And ANR. v. S. D. Raikar And ORS.

cac-190-15-(6)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.190 OF 2015 IN REVIEW PETITION ST. NO.26078 OF 2013 IN WRIT PETITION NO. 9687 OF 2010 Parvati Ramchandra Salian & Anr.

..Applicants Vs.

Sudhir Thackersey & Ors ..Respondents Mr. C. N. Chavan a/w Mr. Manoj Mane for the Applicants CORAM :

R. M. SAVANT, J.

DATE :

23rd NOVEMBER, 2015 P.C.

The above Civil Application has been filed seeking condonation of delay of 970 days in filing the above Review Petition. The ground set out is in paragraph (7) of the above Civil Application, wherein it has been stated that the Applicants were busy in prosecuting the other proceedings between the parties and for the said reason the Applicants could not file the Review Petition against the order dated 13-1-2011 in time. The said ground can hardly be said to be a ground justifying the delay of almost 3 years in filing the Review Petition. It is also required to be noted that the Review is sought of the order dated 13-1-2011 passed by a Learned Single Judge of this Court D.G. Karnik J. (as His Lordship then was) by which order the concurrent orders passed by the courts below holding that the Applicant / Review Petition is not a tenant, has mmj

cac-190-15-(6) been confirmed.

In my view, no case for condoning the huge delay of 970 days is made out. The Civil Application is accordingly rejected. In view of the rejection of the above Civil Application, the above Review Petition which suffers from the said delay of 970 days, does not survive and to accordingly stand disposed of.

[R.M.SAVANT, J] mmj