Bombay High CourtCA/11662/2019disposed offdismissed for default

Babanrao Baburao Rokade v. Ramesh Shankar Bhagwat

2019-12-17Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11662 OF 2019 WITH RAST/27341/2019 IN WRIT PETITION NO.1517 OF 2019 BABANRAO BABURAO ROKADE

VERSUS

RAMESH SHANKAR BHAGWAT Mrs.C.S.Deshmukh, Advocate for the applicant. Mr.N.V.Gaware, Advocate for the respondent.

( CORAM : Ravindra V.Ghuge, J.) DATE : 17/12/2019 PER COURT :

I have heard the learned Advocates for the respective sides. I find that the review application can be treated as a motion for "Speaking to the Minutes" of the order dated 05/02/2019. 2.

For the reasons set out in the application, the delay of 175 days is condoned and by the consent of the respondent, costs amount of Rs.1,000/- shall be donated to the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, in cash and the applicant shall deposit the said amount on or before 21/01/2020. khs/Dec.2019/11662-d

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The review application is registered and heard by the consent of the parties.

Though the learned Advocate for the respondent has opposed the review application, I find from the registered sale deed dated 19/08/2013 that the petitioner Ramesh had purchased only 13.77 Sq.Ft. area out of the rented premises of 240 Sq.ft. This property is in C.T.S.No.417 and not 524 as is mentioned in paragraph No.2 of the order dated 05/02/2019.

In view of the above, the review application is partly allowed. The figure 54 Sq.ft. appearing in the various paragraphs of the order dated 05/02/2019 shall be replaced by the figure 13.77 Sq. ft. So also, C.T.S.No.524 appearing in only paragraph No.2 shall be replaced by the number 417.

Corrected copy of the order dated 05/02/2019 shall be uploaded.

( Ravindra V.Ghuge, J.) khs/Dec.2019/11662-d