Natthu S/O Ganpatrao Pachghare v. Babyati W/O Kisanrao Bodakhe

2026:BHC-NAG:5767 Order cao 320.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Civil Application (CAO) No. 320 of 2026 in Misc. Civil Application St. No. 20800 of 2025 in Second Appeal No. 325 of 2013 (D) [Natthu S/o Ganpatrao Pachghare vs. Sau. Babytai W/o Kisanrao Bodakhe] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders.

--------------------------------------------------------------------------------------------------------------------------------- Mr. C. A. Babrekar, Advocate for the applicant CORAM : ANIL L. PANSARE, J.

DATE : 10-04-2026.

Heard.

2.

The applicant is seeking to condone delay of 215 days in filing review application. The reasons for delay are enumerated in paragraph nos. 2 and 3, which read thus :

"2. There is a delay of 215 days in filing Review Application before this Hon'ble Court. That, after dismissal of the Second Appeal the applicant has gone through the judgment and applied for copies of mutation entries of Mouza Degaon, Gat No.11/2 and Village Map which he has received on 06/01/2025 and 23/01/2025. In obtaining the said documents some time has been consumed by the applicant.

3. Thereafter, the applicant is aged about 75 years and therefore, suffering from old aged alimony and fever, therefore, could not contact to his counsel and handover the newly obtained documents in the month of February. As well as the applicant is facing financial constrained and

Order cao 320.2026.odt therefore, to gathered the amount for filing the present application some time has been consumed. Therefore, on this count therefore, delay of 215 days caused in filing the present Review Application."

3.

The judgment sought to be reviewed has been passed on 11-12-2025. In paragraph no. 2 of the application, the applicant states that he received certified copies of certain documents on 23-1-2025. As regards justification for the period from 23-1-2025 till filing application, which is said to be filed on 12-8-2025, I find that there is absolutely nothing in the application or otherwise to justify delay from 23-1-2025 till the date of filing application seeking to condone delay. The reasons assigned are that the applicant is old aged, suffering from ailments and fever and has financial constraints. No cogent evidence in this regard is placed on record. That being so, I am of the considered view that the applicant failed to justify the delay. The application is accordingly rejected. (JUDGE.) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 11/04/2026 12:12:23