Bombay High Court

ROHIT DHANESH RUKE AND ORSversusDURGA CO-OP. HSG. SOCIETY LTD AND ORS

Decided: 9 September 2026
Disposal: Disposed Off

Holding

The Court held that the delay of 119 days in filing the review petition is condonable as sufficient cause was shown.

Summary

The petitioners, Rohit Dhanesh Ruke and others, filed an interim application before the Bombay High Court seeking condonation of a 119‑day delay in filing a review petition (ST No. 24845 of 2026) arising out of Writ Petition No. 1289 of 2000. The respondents, Durga Co‑op. Hsg. Society Ltd. and others, opposed the condonation. The principal issue before the Court was whether the statutory period for filing a review petition could be extended despite the lapse of more than three months. The petitioners submitted that sufficient cause existed for the delay, and the Court examined the adequacy of that explanation. Relying on the principle that courts may condone delay where a satisfactory reason is shown, the Court found the petitioners’ justification acceptable. Consequently, the Court allowed the interim application and ordered that the delay be condoned.

Issues considered

Whether a delay of 119 days in filing a review petition can be condoned under the applicable procedural law?

Subjects

condonation of delay
review petition
civil procedure
high court
interim application

Judgment

                                                                        7-ia-6795-2026 @.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 6795 OF 2026
                                                        IN
                                      REVIEW PETITION (ST) NO. 24845 OF 2026
                                                        IN
                                          WRIT PETITION NO. 1289 OF 2000

                   Rohit Dhanesh Ruke And Ors.                        ...Applicants/           Review
                                                                      Petitioners
                             Versus
                   Durga Co-op. Hsg. Society Ltd. And Ors.            ...Respondents
SNEHA
NITIN                                               ****
CHAVAN
Digitally signed
                   Dr. Uday Warunjikar a/w Mr.Aditya Shirke, Mr. Sumit Kate i/b Mr. Parth
by SNEHA
NITIN CHAVAN       Deshpande for the Applicants/ Review Petitioners.
Date: 2026.09.09
19:45:26 +0530     Mr. Ashok Tajane a/w Mr. Yogesh Thorat, Yuvraj Tajane for Respondent
                   No.1/original Petitioner.
                   Mr. Yuvraj Patil, AGP for Respondent/State.
                                                    ****

                                                 CORAM :      M.M. SATHAYE, J.
                                                   DATE :     9th SEPTEMBER, 2026

                   P.C. :

                   1.             Heard. This is an application seeking condonation of delay of
                   119 days in filing review petition.


                   2.             For reasons stated in the application, sufficient cause is made
                   out.


                   3.             Application is allowed. Delay is condoned.


                                                                (M.M. SATHAYE, J.)




                   Sneha Chavan                                                                 1

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