Ramesh Joshi vs M. V. Puttana Shetty (Since ...
2022 Latest Caselaw 8331 Bom

                                KVM

                                                                  1/2
                                                                                        2 - RPC 4 OF 2019.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN
VINOD
          Digitally signed by
          KANCHAN VINOD
          MAYEKAR
                                              CIVIL APPELLATE JURISDICTION
          Date: 2022.08.26
MAYEKAR
                                              REVIEW PETITION NO. 4 OF 2019
          12:23:22 +0530




                                                           IN
                                        CIVIL REVISION APPLICATION NO. 493 OF 2018

                                Ramesh Joshi                                      ..... Petitioner
                                      VERSUS
                                M.V.Puttana Shetty,
                                Since deceased through L.Rs.
                                Mahesh Shetty & Ors.                              ..... Respondents

                                Mr.Abhijeet J. Kandarkar for the Applicant.

                                Mr.Girish R.Agrawal for the Respondent/ Original Appellant.
                                                         CORAM: R. D. DHANUKA, J.

                                                         DATE      : 24TH AUGUST, 2022

                                P.C. :-

By this review petition, the review petitioner seeks recall of the

order dated 14th September, 2018 passed by this Court thereby allowing

the Civil Revision Application No. 493 of 2018 filed by the original

applicant thereby setting aside the order passed by the learned District

- 7, Thane condoning delay in filing an appeal against the decree dated

30th April, 2012. This Court has set aside the order passed by the

District Judge on the ground that there was delay of about 4 years in

filing appeal.

KVM

2 - RPC 4 OF 2019.doc

2. Learned counsel for the review petitioner invited my attention to

the certified copy of the judgment obtained by the review petitioner on

19th March, 2016. A perusal of the certified copy of the judgment

prima facie indicates that the application for certified copy was

pending for more than 2 and ½ years. This aspect was not brought to

the notice of this Court by the parties. There is an error apparent on the

face of the order. Order dated 14 th September, 2018 is recalled. Civil

Revision Application No. 493 of 2018 is restored to file. Civil

Revision Application to be heard on its own merits. No order as to

costs.

[R. D. DHANUKA, J.]