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Bombay High Court

SANTOSH BALIRAM KOLIversusPANDIT LAXMAN PATIL AND ORS

Disposal
DISPOSED OFF

Holding

The Court held that no apparent error was shown and therefore dismissed the review application.

Summary

The applicant filed a review application seeking condonation of a 97‑day delay in filing the review of the order passed in Writ Petition No. 5955 of 2018 dated 10 March 2026. The applicant, who is the original respondent No. 3, argued that the order should be recalled because the advocate who filed the writ petition cannot be called as a witness, alleging an apparent error. The court examined the claim and found that the applicant could not point out any specific apparent error in the original order and was merely attempting to re‑argue the merits of a matter already disposed of. Consequently, the court declined to condone the delay and dismissed the review application without costs. The order of the original writ petition therefore stands.

Issues considered

  • Whether a delay of 97 days in filing a review application can be condoned.
  • Whether an apparent error exists in the order dated 10 March 2026 that justifies a review.
  • Whether an advocate can be called as a witness to demonstrate such error.

Subjects

  • review
  • condonation of delay
  • apparent error
  • writ petition
  • civil procedure
  • order recall

Judgment

2026:BHC-AUG:45861

                                                                       10-CA-10865-2026.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                             10 CIVIL APPLICATION NO. 10865 OF 2026
                                       IN RAST/20708/2026

                                        Santosh Baliram Koli
                                               VERSUS
                                     Pandit Laxman Patil And Ors

                                            WITH
                           REVIEW APPLICATION (ST.) NO. 20708 OF 2026
                                       IN WP/5955/2018

                                        Santosh Baliram Koli
                                               VERSUS
                                     Pandit Laxman Patil And Ors
                                                   ...
          Mr. V. B. Patil for the Applicant.
          Mr. D. A. Mane for the Respondents.
                                                   ...

                                             CORAM :     SIDDHESHWAR S. THOMBRE, J.
                                             DATE :      24 SEPTEMBER 2026

          P. C.:

          1.        This is an application filed for condonation of 97 days delay in filing

          Review Application. Considering the averments made in the Application, the

          same is allowed and delay is condoned.

          2.        The captioned Review Application is not on board. Upon mentioning,

          taken on board.p

          3.        By this Application, the Applicant is seeking review of the order

          passed by this Court in Writ Petition No.5955 of 2018 dated 10th march

          2026.


          Shubham                                                                 Page 1 of 2
                                                             10-CA-10865-2026.doc


4.        The present Application is filed on behalf of original Respondent No.3,

who contends that this Court allowed the Writ Petition filed by the Advocate

Mr. P. L. Patil. Mr. V. B. Patil, learned counsel for the Applicant tried to

convince that this Court ought not to have allowed the Writ Petition by

observing that the Advocate cannot be called as a witness and therefore he

submits that the order passed by this Court needs to be recalled. When a

specific query is made to Mr. V. B. Patil that what is apparent error

committed by this Court while passing the order, he tried to argue the

matter on merit and tried to re-open the matter which was already disposed

of. Therefore, considering the above, this Court finds that the Applicant is

unable to point out apparent error committed by this Court. Hence, no case

is made out to recall the said order. Hence, the Review Application is

dismissed. No order as to costs.



                                         [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                 Page 2 of 2


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