SANTOSH VILASRAO YADAV AND ANR.versusSHAILENDRA VILASRAO YADAV AND ORS.

                                                         56-IA-20-2026.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION
              INTERIM APPLICATION NO. 20 OF 2026
                              IN
         REVIEW PETITION IN CRA (ST) NO. 28877 OF 2025

Santosh Vilasrao Yadav and Anr.                       ...Applicants
        Versus.
Shailendra Vilasrao Yadav And Ors.                  ...Respondents
                                    -----
Mr. Kalpesh Patil, Advocate for the Applicants.
Mr. Dhananjay Rananaware a/w Shubham Dhoble, Advocate for
the Respondents.
                                 -------

                               CORAM : ASHWIN D. BHOBE, J.
                                DATE : 3rd September, 2026.
Oral Order :


1.      Heard, Mr. Kalpesh Patil, learned Advocate for the Applicants

and Mr. Dhananjay Rananaware, learned Advocate for the

Respondents.



2.      Mr. Kalpesh Patil, learned Advocate for the Applicants and

Mr. Dhananjay Rananaware, learned Advocate for the Respondent

Nos. 1 and 2, state that the contest in this Interim Application, as

well as the accompanying Review, is between the Applicants and


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the Respondent Nos. 1 and 2. They submit that the other

Respondents are formal parties and therefore request that notice

on them be dispensed with. They further request that this

Application be considered after hearing the Applicants and the

Respondent Nos. 1 and 2. In view of the joint request of Mr.

Kalpesh Patil, learned Advocate for the Applicants and Mr.

Dhananjay Rananaware, learned Advocate for the Respondent

Nos. 1 and 2, this Application is taken up for disposal.



3.      By this Application, the Applicants seek condonation of delay

of 62 days in filing a Review under Order 47 of the Code of Civil

Procedure, 1908, being aggrieved by the Order dated 09.06.2025

passed in Civil Revision Application No. 322 of 2024.



4.      Mr. Kalpesh Patil, learned Advocate for the Respondents,

states that the reasons for the delay are set out in paragraphs 12

and 13 of this Application.



5.      Mr. Dhananjay Rananaware, learned Advocate for the

Respondents (original Plaintiffs) / Respondent Nos. 1 and 2 in

Civil Revision Application No. 322 of 2024, submits that the


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reasons do not constitute any cause for condonation of delay.



6.        Perused the records with the assistance of the learned

Advocates.



7.        There are neither any allegations of malafides nor any

contentions raised on behalf of the Respondent Nos. 1 and 2

alleging malafides against the Applicants. Similarly, no material on

record indicates that the Applicants would have benefited from the

delay in filing the Review.



8.        In view of the unrebutted statements in paragraph No. 12 of

this Application, the cause shown in this application being

sufficient cause and guided by the pronouncement of the Hon’ble

Supreme Court in paragraph 21, of Esha Bhattacharjee v.

Raghunathpur Nafar Academy1, subject to the Applicants paying

costs of Rs. 15,000/- to the Respondent Nos. 1 and 2, this

Application is allowed. Payment of costs is a condition precedent.



9.        Mr. Kalpesh Patil, learned Advocate for the Applicants, states

1    (2013) 12 SCC 649




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                     that the Applicants shall pay the cost of Rs. 15,000/- to the

                     Respondent nos. 1 and 2 on or before 17.09.2026.



                     10.     If the Applicants pay the cost of Rs. 15,000/- to the

                     Respondent Nos. 1 and 2 on or before 17.09.2026 and produce a

                     receipt or acknowledgement to that effect before the Registry of

                     this Court, the accompanying Review Application be registered. If

                     the cost remains unpaid till 17.09.2026, this Application shall

                     stand dismissed with costs of Rs. 25,000/- payable by the

                     Applicants.



                     11.     Interim Application No. 20 of 2026 is disposed of.



                                                                 (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.07
        10:34:46
        +0530




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