1 CA 1872/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1872 OF 2010 IN WRIT PETITION NO. 10609 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.V. Sadavarte for the applicant. Mr. A.I. Patel, A.G.P. for the respondents. CORAM : D.G. KARNIK, J. DATE : 20TH JULY 2010 P.C. : 1. This civil application is for modification of the order dated 7 June 2010 passed in Writ Petition No. 10609 of 2009. 2. After hearing the learned counsel for the parties, I was about to dismiss the writ petition on 7 June 2010, counsel for the petitioner requested for withdrawal of the petition and, 2 CA 1872/10 therefore, the petition was allowed to be withdrawn. Now the counsel for the petitioner submits that he was not specifically instructed by the petitioner to withdraw the petition and, therefore, the order of withdrawal of the petition may be recalled and cancelled. 3. In view of the submission, the order dated 7 June 2010 is recalled and the following order is passed in its place. 4. The scheme of consolidation was finalised under the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. The scheme was finalised in the year 1955. Application for modification of the scheme was made in the year 2009, i.e. after lapse of more than 40 years. Ordinarily when no period of limitation is provided for making of any application, the application must be made within a reasonable time for making of an application for modification. Period of 40 3 CA 1872/10 years cannot be said to be a reasonable time. The authority was therefore right in rejecting the application. The writ petition is accordingly rejected. (D.G. KARNIK, J.)