1 ca10967.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10967 OF 2010 IN REVIEW APPLICATION ST. NO. 16684 OF 2010 IN SECOND APPEAL NO. 23 OF 1992 (DEVENDRA ANNAJI UPADHYE DECEASED TH LRS MALANBAI DEVENDRA UPADHAYE &ORS VERSUS SHANTABAI W/O GULAB UPADHYE & OTHER) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 06.07.2011 Mr. V.D. Sonawane, Advocate for the applicants. Mr. S.S. Choudhari, Advocate for respondent Nos. 1 & 2. in S.A. 1. This application seeks condonation of delay of 1090 days caused in filing of the Review Application. 2. The delay cannot be condoned mainly because there is no possibility of review of the impugned judgment passed by this Court in the Second Appeal. The applicant is trying to say that he has found recently an old document. He says 2 ca10967.10 that it is a Will executed by his deceased father. He says that if this Will is implemented, there would be substantial change in the shares of the parties to this litigation and it would affect the proposed execution of the decree. Had this document not been found by the applicants before execution, the applicants still would not have lost his opportunity to get the will implemented. In view of such possibility the only solution that is available to the applicant is to initiate independent proceeding based on the new document. The application should, therefore, fail. The Civil Application stands dismissed. [A.V. NIRGUDE, J.] snk/2011/JUL11/ca10967.10