Munir Chand Shaikh And Others v. The State Of Maharashtra And Others

{1} ca529419.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION ST.NO.12704 OF 2019 IN WRIT PETITION NO.7323 OF 2014 Munir Chand Shaikh & others Applicants

Versus

The State of Maharashtra & others Respondents Mr.S.N.Gaikwad, advocate for applicants Mrs.V.N.Patil Jadhav, A.G.P. for Respondents No.1 & 2. CORAM : NITIN W. SAMBRE, J.

DATE : 24th April, 2019.

P.C. :

Heard learned Counsel for applicants and learned AGP for Respondents No.1 and 2.

Apart from the fact that there is inordinate delay in preferring the review application, the order under review dated 08.12.2014, passed in W.P.No.7323 of 2014, has already been acted upon by the parties to the said petition.

A suit for partition, being RCS No.14 of 2010, is informed to be pending on the file of Civil Judge, Junior Division, Paithan, in which, review applicants are already added as defendants.

In that view of the matter, keeping an option open to the applicants to raise all such issues, including entitlement of the parties to the suit for the amount of compensation, which is either

{2} ca529419.odt withdrawn or lying in the Court, I do not see any reason to entertain the review application.

Review Application is disposed of.

Needless to clarify that it shall be open for the review applicants to take such other proceedings, as are available and permissible in law. Since the suit is pending since 2010 i.e. for more than five years, considering the litigation policy, hearing of the suit is expedited.

Civil Application No.5294 of 2019 for condonation of delay, as such, also stands disposed of.

NITIN W. SAMBRE JUDGE adb