Dattatraya Daji Bagave (Since Decd) Through Lrs v. Shri. Sakharam Aappa Bagave

Dusane 1/2 RPW128.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW APPLICATION NO.128 OF 2014 IN WRIT PETITION NO.1374 OF 2014 Dattatray Daji Bagave ....

Petitioners since deceased, through heirs and Lrs, Smt. Laxmi Dattatray Bagave & Ors.

Vs.

Shri. Sakharam Aappa Bagave ....

Respondent Ms. Prerna Silimkar h/for Mr. Ashish Gaikwad, Advocate for the Petitioners.

Mr. Ruturaj Pawar h/for S.S. Patwardhan, Advocate for the Respondent.

Coram : Smt. R.P. SondurBaldota, J.

Date : 17th June, 2015.

P.C.

This Review Petition is directed against the order dtd.9th June, 2014, by which Writ Petition No.1374 of 2014 was dismissed. By the said petition, the petitioner had challenged the order of the lower appellate court rejecting the petitioner's application for condonation of delay in filing the appeal.

Dusane 2/2 RPW128.2014 Perusal of the review petition shows that there is no ground whatsoever made out by the petitioners for review of the order. The claim of the petitioners as regards the health of petitioner no.1 has already been dealt with. Ms. Silimkar, the learned advocate appearing for the petitioners submits that she has subsequently received instructions that the amount of costs had been deposited by the petitioners with their advocate, who had failed to deposit it in the court. No such claim was made either before the lower appellate court at the time the application for condonation of delay was heard nor before this court, when the petition was considered. Hence, the review petition is dismissed.

(Smt. R.P. SondurBaldota, J.)