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Bombay High CourtCA/10108/2022disposed off

Kamlakar Bapurao Kulkarni And Others v. Popatrao Vitthalrao Kulkarni And Others

2022-08-18Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Dige2 pages

10108.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10108 OF 2022 IN REVIEW PETITION STAMP NO.16739 OF 2022 IN WRIT PETITION NO.1250 OF 22 Kamlakar s/o.Bapurao Kulkarni and others.

.. Applicants

Versus

Popat s/o.Vitthalrao Kulkarni and others.

.. Non-Applicants ...

Mr.Rajendrraa Deshmukh, Senior Advocate along with Mr.Shriram V.Deshmukh, Advocate i/b.Mr.Devang R. Deshmukh, Advocate for the applicants.

Mr.C.V.Thombre, Advocate for respondent no.1. Mr.S.G.Sangle, AGP for respondent-State.

...

CORAM : RAVINDRA V. GHUGE & S.G.DIGE, JJ.

DATE : 18.08.2022 P.C. :

1.

The service on the non-applicants is complete. 2.

The learned Advocate representing nonapplicant no.1, who was the original petitioner, vehemently

10108.22CA opposes the Civil Application, seeking condonation of delay of 89 days.

3.

Heard the learned Advocate for the respective sides. Having perused the contents of the Civil Application, we do not find that delay could be termed as being deliberate or inordinate. Keeping in view the law laid down by the Hon'

ble Supreme Court in the case of Collector, Land Acquisition, Anantnag vs. Mst.Katiji and others, AIR 1987 SC 1353 and Esha Bhattacharjee v/s. Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649, this application is allowed. Delay is condoned.

4.

The registry to register the Review Petition. 5.

By consent of the parties, list this Review Petition on 30th August, 2022 at 2.30 p.m.

[S.G.DIGE, J.] [RAVINDRA V. GHUGE, J.] DDC