The President Shivaji Shikshan Prasarak Mandal Latur And Another v. Ravindra Bhaskarrao Solunke And Others

1 16-CA-516-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 516 OF 2017 IN RAST/1187/2017 THE PRESIDENT, SHIVAJI SHIKSHAN PRASARAK MANDAL, LATUR AND ANOTHER

VERSUS

RAVINDRA BHASKARRAO SOLUNKE AND OTHERS -- Mrs.M.D.Thube, Advocate i/b. M/s. Lex Aquila for Applicants Mr.A.S.Bayas, Advocate for respondent no.1 Mr.P.S.Patil, AGP for respondent nos.2, 3 and 5 -- CORAM : S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : MARCH 24, 2017 PER COURT :

The learned Counsel for the applicants submits that delay has caused in filing the review as, initially, the petitioner had assailed the order under review before the Apex Court. The Apex Court granted stay and thereafter, S.L.P. was allowed to be withdrawn with liberty to file a review petition. Time has lost in the said proceedings.

2 16-CA-516-17.odt 2.

Mr.Bayas, learned Counsel for respondent no.1 submits that there is abnormal delay of two years and no sufficient cause exist. He submits that in fact, the S.L.P. was dismissed and then a prayer was made for withdrawal of S.L.P. with liberty to file the review petition.

3.

It appears that the applicant was prosecuting the remedy before the Apex Court and subsequently, has withdrawn the S.L.P. with liberty to file the review petition. The time is spent in prosecuting the remedy before the Apex Court. Considering the said aspect, the Civil Application is allowed in terms of prayer clause (B). The Civil Application stands disposed of accordingly.

[SANGITRAO S. PATIL, J.] [S.V. GANGAPURWALA, J.] kbp