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2019 Supreme(Bom) 695

A.M.DHAVALE
Kundlik Laxman Wagaskar – Appellant
Versus
Subhadrabai Arjun Kalamkar – Respondent


Advocates Appeared:
Jiwan J Patil, Adv., D.S. Manorkar, Adv.

JUDGMENT :

A.M. DHAVALE, J.

1. This is an application for condonation of delay of 89 days in filing Review Petition.

2. The petitioner seeks to review the order passed by me on 31st October, 2018 holding that the Second Appeal No. 21/2018 preferred by the present appellants, who were not parties to the suit was not maintainable. Thereafter, the petitioners/appellants had approached the Apex Court by filing application for Special Leave Petition. The Apex Court passed the following order :-.

The learned Counsel for petitioners relies on the decision of this Court in Banarasi & Ors. Vs. Ramphal, (2003) 9 SCC 606 (para 8) and contends that the High Court has omitted to consider the legal position expounded in the said decision. The petitioners are free to point out that position to the High Court by way of a review application, if so advised. The same be considered on its own merits.

Special Leave petition is disposed of as withdrawn with liberty to challenge the impugned order and the order passed in review application before this Court, if necessary.

3. The basic facts necessary to decide this review petition may be stated as follows :-

(i) Regular Civil Suit No. 220/1996 was filed by Subh




























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