Dharma Motiram Chavan v. Adhar Motiram Chavan Died Lrs.Sindhubai Adhar Chavan And ORS.

2025:BHC-AUG:31875 CA 16186 22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16186 OF 2022 IN REVIEW APPLICATION (CIVIL)(ST)/28683/2022 DHARMA MOTIRAM CHAVAN

VERSUS

ADHAR MOTIRAM CHAVAN DIED L.RS. SINDHUBAI ADHAR CHAVAN AND OTHERS ...

Advocate for Applicant : Mr. Ajeet B.Kale h/f Mr. Yogesh R. Neb Advocate for Respondent nos. 1A to 1E : M. Paresh B. Patil (Borse)

CORAM

: SHAILESH P. BRAHME, J.

DATE : 17.11.2025 PER COURT :

Heard both sides.

2.

The applicant seeks to condone delay of 1558 days in preferring review application. The application is contested by respondents on the basis of affidavit in reply. I heard both parties on the point of delay as well as merits of the review application.

3.

Review is solicited in respect of the order dated 13.06.2018 passed in Second Appeal No. 84/2018 dismissing the appeal at the admission stage. Review application was filed on 18.10.2022 along with application for condonation of delay.

4.

After the decision rendered by the coordinate bench in Second Appeal No. 84/2018, matter was carried to the Apex Court by preferring Special Leave Petition (Civil) Diary No. 28584/2022. Vide order dated 14.10.2022 Hon'ble Apex Court dismissed the Special Leave Petition. Immediately on 18.10.2022, present review came to be filed.

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CA 16186 22.odt 5.

The Supreme Court, by various orders extended the period of limitation due to the unprecedented situation of pandemic due to out break of Covid 19 6.

I find that the applicant has explained the delay. There is no reason to infer any oblique motive for the applicant to prefer review belatedly. I propose to adopt a pragmatic approach for considering the merits of review by condoning delay.

7.

The delay of 1558 days stands condoned.

( SHAILESH P. BRAHME, J.) mkd/- 2/2