Shrimant S/O Pandhari Bhutekar Through Power Of Attorney Baliram v. Devidas S/O Pandhari Bhutekar (Died) His Lrs Tolabai And Others

50ca3017.19

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 50 CIVIL APPLICATION NO.3017 OF 2019 IN RAST/5226/2019 SHRIMANT S/O PANDHARI BHUTEKAR THROUGH POWER OF ATTORNEY BALIRAM

VERSUS

DEVIDAS S/O PANDHARI BHUTEKAR (DIED) HIS LRS TOLABAI AND OTHERS ...

Advocate for Applicants : Mr. P.S. Dighe h/f Mr.Dhorde Vikram R. Advocate for Respondent Nos. 1-A to 1-I : Mr.S.V. Natu and Mr. A.R. Joshi ...

CORAM : KISHORE C. SANT, J.

DATE : 28.08.2023.

PER COURT :

1.

Heard the parties for some time.

2.

This application is for condonation of delay of 222 days caused in filing the Review Application. The said is opposed by the respondents by filing a reply, stating that no sufficient reason is made out for condonation of delay. The applicant in fact had approached to the Hon'ble Apex Court by filing of Special Leave Petition. The applicant was also prosecuting the proceedings before the Sub Divisional Officer,

50ca3017.19 Osmanabad. Thus, it cannot be said that he was not aware of the remedy or for any other reason he was prevented from filing the Review Application. The application for Review is filed only to prolong the proceedings.

3.

Considering the arguments of both the parties, this Court finds that since the delay is of 222 days and from the record as it appears that in fact the applicant had approached to the Hon'ble Apex Court and some time is spent even in prosecuting that remedy. The sufficient cause is shown for the delay. In view of this, an application for condonation of delay is allowed. Delay of 222 days is condoned. With this, the Civil Application stands allowed and disposed off. Place the Review Application for hearing on 11.09.2023.

( KISHORE C. SANT ) JUDGE mahajansb/