Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 5995 (BOM)

MOHAMMAD FAISAL FAROOQUI MOHAMMAD KHURSHID FAROOQUI v. PREMILABAI RAJMAL OSTWAL THROUGH POA VINODKUMAR RAJMAL OSTWAL

WP/4194/2024 · 2025-06-25

Shri Rohit W Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

934 wp 4194 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 934 WRIT PETITION NO. 4194 OF 2024 Mohammad Faisal Farooqui Mohammad Khurshid Farooqui VERSUS Premilabai Rajmal Ostwal through POA Vinodkumar Rajmal Ostwal ... • Mr. N. K. Tungar, Advocate for the Petitioner • Mr. Patil Milind M. (Beedkar), Advocate for Respondent ... CORAM : ROHIT W. JOSHI, J. DATE : JUNE 25, 2025 O R D E R : 1. The present respondent is the original plaintiff, who has filed a suit being Special Civil Suit No. 17 of 2017 against the present petitioner, who is the original defendant. In this suit, an application under Order XV-A of the Code of Civil Procedure was filed by respondent – plaintiff, which came to be allowed by the learned Trial Court vide order dated 25.10.2017. 2. The petitioner – original defendant filed an application for review on 06.03.2018. This application is clearly filed beyond period of 30 days, which is the prescribed period of limitation for filing an application for review. The application for review is not accompanied by an application for condonation of delay. 3. The learned Trial Court has rejected the application for komal kamble page 1 of 2 2025:BHC-AUG:16339 934 wp 4194 2024 review vide order dated 24.03.2023. It is observed that the application does not satisfy the requirements of Section 114 of Order XLVII of the Code of Civil Procedure and apart from this the application was also barred by limitation. 4. Perusal of the petition will demonstrate the fact that the issue of the application being barred by limitation is beyond dispute. Since the application was barred by limitation and no prayer was made for condonation of delay, there is no jurisdictional error committed by the learned Trial Court warranting interference at the hands of this Court in exercise of its writ jurisdiction or supervisory jurisdiction. 5. The petition is accordingly rejected. [ROHIT W. JOSHI] JUDGE komal kamble page 2 of 2