WPMS/230/2019
2021 Latest Caselaw 626 UK

Delay Condonation Application (I.A. No. 12625 of 2021)
Review Application (MCC No. 12624 of 2021)
In
WPMS No. 230 of 2019
Hon'ble Manoj Kumar Tiwari, J.

Mr. Vinay Kumar, Advocate for the petitioner.

Mr. T.S. Phartiyal, Additional C.S.C. for the State of Uttarakhand/respondent no. 1.

Mr. B.S. Negi, Advocate for review applicant/respondent no. 4.

Heard learned counsel for the parties.

Registry has raised two objections, namely, certified copy of the order, sought to be reviewed, is not brought on record and, Court fee is short by five rupees.

Mr. B.S. Negi, learned counsel appearing for the review applicant is permitted to cure the defect no. 2, by supplying the deficit court fee in the Registry, during the course of the day. He undertakes to produce certified copy of the order dated 04.12.2020 within one week from today.

In such view of the matter, the objections are overruled and the Exemption Application (I.A. No. 12626) is disposed of.

There is delay of 59 days in filing this review application. The cause shown for the delay is sufficient. Accordingly, the delay condonation application is allowed and the delay in filing the review application is condoned.

This application has been filed seeking review of the final order dated 04.12.2020.

Perused the review application filed on behalf of review applicant as well as the affidavit filed in support thereof. I have also perused the judgment under review.

Review of an order can be made only when there is some error apparent on the face of record. It is not a case herein. Learned counsel appearing for the review applicants ha also not been able to point out any error apparent on the face of record, which may warrant invocation of review jurisdiction.

Accordingly, the review application is dismissed.

Learned counsel for the review applicant then submits that son of the review applicant is studying in 5th standard, therefore, she seeks three months' time to vacate the premises in question.

In view of the undertaking given by Mr. B.S. Negi, learned counsel appearing for review applicant that review applicant will vacate the premises in question positively on or before 15.05.2021, she is permitted to continue therein till 15.05.2021.

It is made clear that if the review applicant fails to vacate the premises in question on 15.05.2021, then she may be removed therefrom by using reasonable force.

Let a certified copy of this order be issued today itself.

             (Manoj Kumar Tiwari, J.)
Navin                  03.03.2021