Tukaram Anandrao Girdhari v. Madhukar Anandrao Girdhari Died Lrs Mangalabai And Others

915-CA NO.13799 OF 2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13799 OF 2017 IN RAST/33612/2017 TUKARAM ANANDRAO GIRDHARI

VERSUS

MADHUKAR ANANDRAO GIRDHARI DIED LRS MANGALABAI AND OTHERS . . .

Advocate for Applicants : Mr. D. R. Bhadekar Advocate for Respondent Nos.3(A)(i) and (ii) and 3(B)(D)(E) and (F) : Mr. Kunal A. Kale h/f. Mr. D. R. Deshmukh . . .

CORAM : BHARAT P. DESHPANDE, J.

DATED : 30th AUGUST 2022 PER COURT :

This is an application for condonation of delay in filing review application against the judgment passed by this Court in Second Appeal No. 709 of 2015.

2.

Heard Mr. D. R. Bhadekar, learned counsel for applicants and Mr. Kunal A. Kale h/f. Mr. D. R. Deshmukh, learned counsel for some of the respondents.

3.

Only ground which is disclosed in the application is that judgment was pronounced on 05-05-2017 and the copy of judgment was uploaded on the website on 08-09-2017. The applicant applied for certified copy and was delivered on 18-09-2017. The applicant thereafter consulting the learned advocate and as per advise filed review application. 1/2

915-CA NO.13799 OF 2017.odt 4.

Learned counsel for respondents strongly opposed the application on the ground that the contentions of the applicant are casual and no specific reason is given for delay.

5.

The record clearly goes to show that the judgment pronounced on 05-05-2017, the copy of it was uploaded on the website on 08-09-2017 and 6.

The application is filed within one month thereafter. The submissions found in the application are therefore sufficient to condone the delay. Hence the order :

ORDER

(I) The application stands allowed.

(ii) The delay of 124 days in filing review application is condoned. (iii) Review application be registered.

( BHARAT P. DESHPANDE, J.) Tandale/- 2/2