1 CAC 52/04 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.52 OF 2004 IN CIVIL REVISION APPLICATION NO.769 of 2001 Nandkumar Avadhut Agarkar ... Applicant versus Vinod Trambak Gautam and ors. ... Respondents ... Mr..S.S. Kulkarni for the petitioner. Mr.Pravartak S. Pathak for respondent no.1A. Mr.M.S.Topkar for respondent no.2. CORAM : D.G. KARNIK, J DATED : 11th July 2011 P.C. 1. The application is taken out for recall/review of the order dated 15 February 2003. The application has been filed on 1 October 2003 and is barred by limitation. 2. Learned counsel for the applicant submitted that applicant had previously filed another civil application no.132 of 2003 which was withdrawn on 3 July 2003 as the same was not maintainable. Hence under section 14 of the Limitation Act, the period spent in prosecuting the previous civil application would have to be executed. Even if the period is excluded, still the petition would be barred by limitation inasmuch as the petition has been filed more than 30 days even after the withdrawal of the previous civil application. The delay is not explained. Hence, civil application is dismissed as barred by limitation. (D.G.KARNIK, J)