Manik S/O Morbaji Shambharkar (Dead) Thr. Lrs. Vijaya Wd/O Manikrao Shambharkar And ORS v. Punjab Namdeorao Gadkari (Dead) Thr. Satyafulla P. Gadkari (Dead) Thr. Lrs. Vivek P. Gadkari And ORS
2025:BHC-NAG:14943 1 23.12 cao1217.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION [CAO] NO. 1217 OF 2025 IN MISC.CIVIL APPLICATION (Review) ST. NO. 24673 OF 2025 IN SECOND APPEAL NO. 239 OF 2016 (D) MANIK S/o MORBANI SHAMBHARKAR (Dead) THRU LRS VIJAYA M SHAMBHARKAR & OTHS
VERSUS
PUNJAB S/o NAMDEORAO GADKARI (Dead) THRU. Lrs SMT. SATYAFULA PGADKARI & OTHS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Pankaj M. Shambharkar, applicant no.3 in person and on behalf of applicant nos.1, 2 and 4.
CORAM : M. W. CHANDWANI, J.
DATE : DECEMBER 23, 2025.
1.
Heard Mr. Pankaj Shambharkar, applicant no.3 appearing in person.
2.
By this civil application, the applicants seek condonation of delay of 13 days caused in filing review application.
3.
It is contended that the judgment in the Second Appeal was delivered on 20.08.2025. The application for getting certified copy was filed on 25.08.2025. The certified copy was ready on 08.09.2025 and it was delivered on 30.09.2025. The applicants had also applied to the Nagpur Improvement Trust under the Right to Information Act for getting the copies of the relevant documents on 11.09.2025 and the copies were received by the applicants on 03.10.2025 and immediately upon going
2 23.12 cao1217.25.odt through the documents, the review application was filed. It is submitted that in the said process, the delay has occurred.
4.
The non-applicants are served by regular mode as well as by Registered Post AD, but nobody appears for them.
5.
The application has been filed on affidavit. Since nobody appeard for the non-applicants, the contentions raised in the application remained uncontroverted. 6.
In view of above and considering the period of delay which is of 13 days, in my view, the delay caused in filing review application can be condoned.
7.
Accordingly, the civil application is allowed. Delay of 13 days caused in filing review application is condoned. 8.
The review application be registered.
9.
The application for condonation of delay is disposed of. No costs.
10.
List the review application on 13.01.2026.
(M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 23/12/2025 20:18:58