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Bombay High CourtCAO/1059/2024delay condonatedrejected

Ganesh S/O Vithobaji Ninawe And Another v. Smt. Sumitra Balkrishna Bobde (Dead) And Another

2024-10-04Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 cao 1059-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1059/2024 IN MISC. CIVIL APPLICATION (ST.) NO.15725/2024 (R) IN SECOND APPEAL NO.91/2020 (D) Ganesh s/o Vithobaji Ninawe and another Vs. Smt. Sumitra Balkrishna Bobde (now deceased) Ravindra s/o Ramaji Shripad - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.D. Sonak, Advocate for applicants Shri N.S. Deshpande, Advocate for respondent No.2 CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 04/10/2024 Present application is filed for condonation of delay in filing review application. The ground for delay is put-forth in the application. Though, Special Leave Petition challenging the judgment in Second Appeal No.91/2020 was disposed of on 05/04/2024, it was informed by the learned Counsel appearing before the Hon'ble Apex Court to the applicant herein vide letter dated 30/07/2024 and thereafter, the applicant obtained certified copy of the order. 2.

Learned Counsel appearing for respondent No.2 though, vehemently opposed the application, as it is not sufficient cause to condone the delay. However, considering the fact that it was intimated to the applicant on 30/07/2024, the delay needs to be condoned.

3.

In my considered opinion, the delay caused in filing review application was sufficient and bonafide

2 cao 1059-2024 reason. As such, in the interest of justice, delay of 195 days is hereby condoned.

4.

The Registry is directed to register the Misc. Civil Application.

5.

List the Misc. Civil Application on 18/10/2024.

6.

The application stands disposed of accordingly.

JUDGE R.S. Sahare