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Bombay High Court

ASHOK PANDURANG PIMPLE AND ORSversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The review petition is dismissed as the order contains no prima facie error and all matters are to be agitated in the second appeal.

Summary

The petitioners filed a review petition against an order dated 22 April 2024 that directed parties to approach the Appellate Court with any grievance. They argued that a pending application for impleadment of additional properties under Order VI Rule 7 of the Civil Procedure Code, filed on the same day the decree was passed, should be considered. The court first condoned a delay of over two years in filing the review petition. Upon review, the court found no prima facie error in the original order, noting that it did not determine any substantive rights and that all contentions were left open for adjudication in the second appeal. Consequently, the court dismissed the review petition.

Issues considered

  • Whether the delay of 2 years and 130 days in filing the review petition should be condoned.
  • Whether the order dated 22 April 2024 contains any prima facie error warranting a review.
  • Whether the pending application for impleadment under Order VI Rule 7 of the CPC affects the validity of the order.

Legislation cited

Subjects

  • review petition
  • delay condonation
  • second appeal
  • impleadment
  • Civil Procedure Code
  • order dismissal

Judgment

       Digitally
       signed by
       MEERA
MEERA MAHESH                                                                         43-ia-7377-26.doc
MAHESH JADHAV
JADHAV Date:
       2026.09.23
       15:16:33
       +0530
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.7377 OF 2026
                                                       IN
                                       REVIEW PETITION ST.NO.26840 OF 2026
                                                       IN
                                          WRIT PETITION NO.3521 OF 2021

                    Ashok Pandurang Pimpale & Ors.                            Applicants/
                                                                           .. Petitioners
                               Versus
                    The State of Maharashtra & Ors.                  .. Respondents
                                                ....................
                     Ms. Divya Parab, Advocate (through VC) for Petitioners.
                     Ms. V.R. Raje, APP for Respondent No.1 - State.
                                                      ................…

                                                     CORAM : MILIND N. JADHAV, J.
                                                     DATE  : SEPTEMBER 22, 2026

                    P.C.:

                    1.             Heard    Ms.     Parab,      learned   Advocate       for     the

                    Applicants/Petitioners and Ms. Raje, learned APP for Respondent No.1

                    – State.


                    2.             There is an interim application which states that there is a

                    delay of 2 years and 130 days in filing the Review Petition. That delay

                    is condoned for the reasons stated in the interim application.


                    3.             Interim application accordingly stands disposed of.


                    4.             Review Petition is taken up for hearing forthwith.


                    5.             Review is sought of the order dated 22.04.2024. By virtue of

                    the said order, the parties who are in the Second Appeal Court in view

                    Meera Jadhav                                                                         1 of 2
                                                               43-ia-7377-26.doc


of the decree passed by the Trial Court were directed to approach the

Appellate Court with their grievance if any. However, the Review

Petitioners’ case is that before Trial Court on the very day when the

decree was passed, application filed by Plaintiffs for impleadment of

additional properties under Order VI Rule 7 of the Civil Procedure

Code, 1908 was pending. This can be agitated before the Appellate

Court.


6.             All contentions of the parties were expressly kept open by

this Court to be agitated in the Second Appeal in accordance with law.

Hence there is no prima facie error apparent found on the face of

record while passing the order dated 22.04.2024 as the said order does

not determine any substantiate rights of the parties.


7.             Needless to state that this Court has not opined on any of the

merits of the matter as agitated in the Review Petition and all

contentions are expressly kept open.


8.             Hence, in view of above, Review Petition is dismissed.



                                                  [ MILIND N. JADHAV, J. ]




Meera Jadhav                                                                       2 of 2


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