Shri. Eknath Raghunath Takawane And Others v. Sahebrao Bajirao Takawane And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.54 OF 2014 IN REJECTED CASE NO.437 OF 2014 Shri. Eknath Raghunath Takawane and others ..Applicants

Versus

Sahebrao Bajirao Takawane and others ..Respondents Mr. Rakesh S. Patil for the Applicants.

CORAM : R. M. SAVANT, J.

DATE : 23rd NOVEMBER, 2016 P.C.

By an order passed today in Civil Application No.127 of 2016 the above Civil Application has been restored. The above Civil Application has been filed seeking condonation of delay of 43 days in filing the Review Petition. The reasons why the delay has occasioned are mentioned in paragraph 3 of the Civil Application. The sum and substance of the reasons is that on account of the illness of the wife of the Applicant No.1, he could not file the Review Petition within time and resultantly, the delay of 43 days in filing the Review Petition has occurred. The order of which review is sought has been passed in Civil Application No.504 of 2013. By which Civil Application, the condonation of delay of 6 years and 97 days in filing the Second Appeal was sought. The said Civil Application has been rejected by the order under review

interi-alia on the ground that the reasons mentioned in the original application as filed and the reasons sought to be supplemented by the additional affidavit dated 26.07.2013 impinge upon the case of the Applicants as which is set out in paragraph 3 of the Civil Application. This Court also casts a suspicion as regards the credibility of the said case as it was impossible to believe that the Applicant No.1 who has suffered two reverses namely his suit being dismissed as well as the First Appeal being dismissed would keep quiet for a period of 6 years and 97 days without keeping himself abreast of what has transpired. This Court therefore observed that the reasons mentioned in the said Civil Application No.504 of 2013 as well as the additional affidavit dated 26.07.

2013 hardly inspire confidence and accordingly rejected the said Civil Application and as a consequence, the Second Appeal stood dismissed. The review of the said order is sought on the grounds mentioned in the Review Petition. Since the Petitioner has sought condonation of delay of 43 days in filing the Review Petition, this Court deemed it appropriate to consider whether there was any merit in the grounds on which review is sought.

Having perused the said grounds in the Review Petition as also having regard to the reasons which have weighed with this Court

whilst rejecting the said Civil Application No.504 of 2013 by the said order dated 29.07.2013 of which review is sought, no case for review under any of the eventualities mentioned in Order 47 of the Civil Procedure Code is made out. Hence even if the delay of 43 days in filing the Review Petition is allowed, no useful purpose would be served. It appears that the above Review Petition has been filed just to keep the issue alive between the parties. The Civil Application is accordingly rejected. In view of the rejection of the Civil Application the Review Petition does not survive and to accordingly stand disposed of as such. [R.M.SAVANT, J]