1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR M.C.A.NO.337 OF 2010 IN A.O.NO.132 OF 2009 AND 133 OF 2009. Dinkar Baijnath Jadhav ..vs.. Smt.Usha Baijnath Jadhav and ors. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Applicant in-person. Mr.G.P.Naphade Adv. for resp.no.3. C ORAM : R.K.Deshpande, J. DATED : 9th September, 2010. This is an application for review of the common judgment and order dated 26th of November, 2009 passed by this court in AO Nos.132 of 2009 and 133 of 2009. Both the Appeals against Orders were dismissed by this court and hence the review has been sought of this common judgment and order by the applicant, who is appearing in-person. On 21st April, 2010, notices were issued to all the respondents and they are all served. Although the respondents in AO No.133 of 2009 are served, no one appears for them. On 27/8/2010, this court passed an order as under - 2 Shri Dinkar Jadhav, party in person, has moved this application for review of the order dated 26th November, 2009, passed by this court in AO No.132 of 2009 and AO No.1332 of 2009. In para 7 of the application, he has stated that his counsel had filed leave note on 24.11.2009 for the period 25.11.2009 to 26.11.2009. It is further stated that the matter was not the fixed date matter. He further submits that he had engaged Shri Lakhanikar, Advocate to appear for and on his behalf. He submits that he would file an affidavit of his counsel within a period of one week. Hence, time granted. Office is also directed to verify as to whether leave note was filed by Shri Lakhanikar, Advocate, on 24/11/2009. The Office to further state as to whether it was a fixed date matter on 26.11.2009. Pursuant to the aforesaid order, the office has put up the note as under - “Shri D.B.Jadhav (in person) has filed pursis vide St.No.9455/2010 along with affidavit of Shri A.P.Lakhanikar, Advocate. 3 After verification it is noticed that Shri Lakhanikar, Advocate for appellant has filed counsel Note for adjournment on dated 24.11.2009 which is kept below. The matter was not fixed date matter. Place the matter before court for orders as fixed.” Thereafter, the matter was listed on 3/9/2010. It was adjourned for final disposal by consent of the parties present before the court. In para no.7 of the application, it has been stated by the applicant that his counsel had filed a leave note on 24/11/2009 for the period from 25/11/2009 to 26/11/2009. It is further stated that the matter was not a fixed date matter. The applicant had engaged the counsel Shri Lakhanikar. However, in view of the leave note the learned counsel was absent. The applicant appeared in-person and this court proceeded to decide the matter on merits. The applicant has filed affidavit of his counsel in support of his plea that the counsel was not in town from 24/11/2009 as per the leave note. In spite of the service to the respondents, none have filed their reply to oppose the contents of the application. In view of the fact that the Counsel Note was filed as stated in the application and the counsel engaged by the applicant was not present in the court, 4 the common judgment and order passed by this court on 26/11/2009 in AO No.132 of 2009 and 133 of 2009 needs to be reviewed. Hence, common judgment and order dated 26/11/2009 is hereby quashed and set aside. Both the appeal Nos.132 of 2009 and 133 of 2009 be placed for hearing after period of three weeks. Issue fresh notices to the respondents in both the Appeals Against Order, returnable after three weeks. S.O.30/9/2010. JUDGE. chute