bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2785 OF 2009 PETITION NO. 2785 OF 2009 PETITION NO. 2785 OF 2009 P.S.Kharat & anr. ... Petitioners v/s M.M.Navghare & anr. ... Respondents Mr.Girish Paryani for the petitioners. Mr.Prabhakar R. Naidu for the respondents. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 24TH APRIL, 2009 24TH APRIL, 2009 24TH APRIL, 2009 P.C. P.C. P.C.: 1. This petition has been filed against the order passed on an application for condoning the delay in filing an appeal. That order has been passed on 12.1.2009 by the Joint Charity Commissioner. It has been held that the petitioner has committed a fraud by not disclosing to the Court that an appeal was pending when the review application was heard. The review application was preferred on 18.1.2008 and an appeal was filed on 26.2.2008 alongwith the application for condoning the delay in filing the appeal. The petitioners proceeded with the hearing of the review application. However, today it is contended that since 2 the review was not maintainable, the delay ought to have been condoned and the appeal should have been heard by the Joint Charity Commissioner. 2. In my opinion, such a submission cannot be accepted. The petitioners took a chance by filing a review and an appeal at the same time. They proceeded with the review and kept the appeal pending. The review has been dismissed and, therefore, in my opinion, the order of the Joint Charity Commissioner is not incorrect. 3. Writ petition rejected.