Barkat Phidahusen Sohil And Ors vs Milind Chandrashekhar Modak And Ors
2024 Latest Caselaw 560 Bom

Bombay High Court

Barkat Phidahusen Sohil And Ors vs Milind Chandrashekhar Modak And Ors on 10 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                            IA-20563-2022-CRA(ST)-18280-2022.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO.20563 OF 2022
                                   IN
            CIVIL REVISION APPLICATION (ST.) NO.18280 OF 2022

 SHRI. BARKAT PHIDAHUSEN SOHIL AND ORS. )...APPLICANTS

          V/s.
 MILIND CHANDRASHEKHAR MODAK AND ORS. )...RESPONDENTS

 Mr.Surel Shah a/w. Mr.Sachin Gite, Advocate for the Applicants.
 Mr.P.J.Thorat a/w. Ms.Aditi S. Naikare, Advocate for the Respondents
 No.1, 4 and 5A to 5C.



                                CORAM :         ABHAY AHUJA, J.

                            RESERVED ON :       20th JULY 2023
                         PRONOUNCED ON :        10th JANUARY 2024



 P.C. :

1. This Interim Application seeks condonation of delay of 2 years

and 227 days caused in filing the Civil Revision Application against the

judgment and order dated 31 st July 2019 passed by the Principal

District Judge, Nashik in Regular Civil Appeal No.85 of 2013 whereby

the Appeal filed by the Applicants was dismissed and judgment and

order dated 1st January 2013 passed by the Civil Judge, Senior Division,

IA-20563-2022-CRA(ST)-18280-2022.doc

Nashik in Regular Civil Suit No.86 of 1997 was confirmed. The Trial

Court had directed the Applicants to put the Respondents in possession

of the Suit property and also to pay arrears of Rs.7880/- to the

Respondents. The impugned judgment and order in the Civil Appeal

was passed on 31st July 2019. The Applicants made an application for

certified copy on 1st August 2019 and received it on 31st August 2019.

2. The facts of this case are similar to the facts in Interim

Application No.20333 of 2022 in Civil Revision Application (S.T)

No.18269 of 2022, where of Judgment has been pronounced today

dismissing the said Application. In view thereof and for reasons

recorded in the said Judgment and Order dated 10 th January, 2024 in

Interim Application No.20333 of 2022 in Civil Revision Application

(S.T) No.18269 of 2022, this Application is accordingly dismissed,

there being no sufficient cause in the facts and circumstances of the

case. No order as to costs.

3. The Civil Revision Application accordingly cannot be entertained

and to accordingly stand disposed.

IA-20563-2022-CRA(ST)-18280-2022.doc

4. Mr.Sachin Gite, learned Counsel for the Applicants, seeks stay of

the order. Mr.Kekane, learned Counsel for the Respondents no.1, 4 and

5A to 5C, opposes the request. Having heard the learned Counsel, the

request for stay is rejected.

(ABHAY AHUJA, J.)