Shri Rakesh Khemchand Narwani v. Miss Pooja Channbasveshwar Hatti And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION NO. 348 OF 2017 IN REVIEW PETITION (ST) NO. 32520 OF 2017 IN MISCELLANEOUS CIVIL APPLICATION NO. 260 OF 2017 Rakesh S/o. Khemchand Narwani ... Applicant
Versus
Sou. Pooja W/o. Ramesh Narwani and others ... Respondents Mr. Prasad Kulkarni for the Applicant and Petitioner in Review Petition. Mr. Shriram Chaudhari for the Respondents.
CORAM : S.J. KATHAWALLA, J.
DATED :
th DECEMBER, 2017 P.C.:
1.
The above Miscellaneous Civil Application No.260 of 2017 is filed by the Applicants under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of proceedings filed by the Respondent against the Applicants bearing Regular Civil Suit No.25 of 2013 before the Learned Civil Judge, Junior Division, Lakhandpur, District : Bhandara to the Court of Civil Judge, Junior Division, Solapur and the Miscellaneous Judicial Case No.65 of 2014 alongwith the Application under Order 43 Rule 3(A) of the Code of Civil Procedure seeking condonation of delay in filing Appeal out of Judgment and Order dated 13 th October, 2017, passed in Regular Civil Suit No.25 of 2013 pending before the Learned District Judge, Bhandara to the District Court, Solapur.
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On 28 th August, 2017, this Court passed an order directing the above Miscellaneous Civil Application to be placed for hearing and final disposal on 15 th September, 2017. This Court also directed the Applicant to serve a copy of the Miscellaneous Civil Application alongwith a copy of the order dated 28th August, 2017 on the Respondent by Speed Post/Registered Post A.D. and/or by hand-delivery and further directed the Applicant to file an Affidavit proving service on the adjourned date.
3.
On 15 th September, 2017, the matter was adjourned to 18th September, 2017. However, the Respondent failed to appear before this Court on that day either in person or through his Advocate.
4.
On 18 th September, 2017, the Miscellaneous Civil Application No.260 of 2017 was taken up for final hearing. However, the Respondent was once again not present in Court by himself and/or through his Advocate. An Affidavit proving service dated th September, 2017 was filed in Court.
5.
After going through the Affidavit proving service, it became clear that the Advocate for the Applicants under cover of his letter dated 31 st August, 2017 had forwarded a copy of the Miscellaneous Civil Application alongwith photocopy of the order dated 28 th August, 2017 to the Respondent by Speed Post/Registered Post A.D. which was received by the Respondent on 4 th September, 2017. In view thereof, this Court proceeded with the hearing of the Miscellaneous Civil Application and by its detailed order allowed the Miscellaneous Civil Application.
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The Respondent has now filed the Review Application and has also filed the Civil Application seeking condonation of delay in filing the Review Petition on the ground that he had not received a copy of the Miscellaneous Civil Application. From the contents as well as annexures to the Affidavit proving service filed by the Applicants, it appears that the Respondent has approached this Court with a incorrect case. In view thereof, the above Civil Application seeking condonation of delay in filing Review Petition is dismissed. Consequently, the Review Petition also stands dismissed.
( S.J.KATHAWALLA, J. )