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Bombay High CourtCA/1146/2024dismissed

Ghandhari D/O Ramrao Patil- Gore (Maya Raut) v. Santosh S/O Eknath Bansode

2025-03-07Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:7105

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1146 OF 2024 IN CRA/32/2021 Ghandhari D/o Ramrao Patil- Gore (maya Raut)

VERSUS

Santosh S/o Eknath Bansode Mr. M. M. Patil, Advocate for Applicant

CORAM

: R. M. JOSHI, J.

DATE : 07th March, 2025 PER COURT :- 1.

This application is filed for condonation of delay for seeking the review of the order dated 29.03.2023 passed by this Court in CRA No. 32/2021.

2.

It is the contention of the learned counsel for Applicant that the order passed by this Court dated 29.03.2023, has not been complied with in letter and spirit and in this regard compromise pursis more particularly Clause No. 1 thereof is referred to. 3.

Though, this application is not filed as a review and sought to be filed as Miscellaneous Application however for all practical purposes the review of the order impugned is sought. In order to cause review of any order there must be shown an error apparent on the face of the record of such order.

945-CA-1146-2024.odt

4.

This Court is unable to accept the contention of the learned counsel for the applicant that there is any error apparent on the face of the record in order dated 29.03.2023, as it is case of applicant himself that this is a case of non compliance of order passed by this Court. 5.

Non compliance of the order by any party may render. Such party liable for contempt proceeding if the disobedience is willful or it may also provide remedy of the execution of order. However, in no circumstances order passed by Court can be reviewed for its non compliance. Suffice it to say that for want of any error apparent on the face of the record in the said order, no interference is called thereon. 6.

As a result of above discussion, application stands dismissed. (R. M. JOSHI, J.) bsj 945-CA-1146-2024.odt