IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.42 OF 2008 WRIT PETITION NO.42 OF 2008 WRIT PETITION NO.42 OF 2008 Mrs.Winifred D’Penha ..Petitioner. V/s. The Superintendent of Land Records Mumbai & Ors. ..Respondents. Mr.D.A.Joseph i/b. David & Associates for petitioner. Mr.S.D.Rayarikar, A.G.P. for respondent No.1. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. DATED : 17TH JUNE, 2008. P.C. :- P.C. :- P.C. :- 1. Rule. Rule returnable forthwith. By consent of the parties petition is taken up for final hearing. 2. This petition is filed by the petitioner to challenge the order passed by the respondent No.1 on 21/9/2007 in Revision Application No.38 of 2006 whereby the application made for condonation of delay of 5 years and 7 months has been condoned. However, on perusal of the order, it is seen that in the reasoning part of the order the respondent No.1 has recorded that no case is made out for - = : 2 : = - condonation of delay. Thus, there is apparent conflict in the reasoning and the final order passed by the respondent No.1. Therefore, it is just and proper to set aside the impugned order and remand back the matter for de novo consideration in accordance with law. Accordingly, the order dated 21/09/2007 is quashed and set aside and the matter is remanded back for reconsideration. 3. The respondent No.1 is directed to hear all the parties and pass fresh order in accordance with law within a period of 3 months from the date of communication of this order. 4. The contentions of all the parties are kept open. 5. The matter to appear before the respondent No.1 for direction on 7th July, 2008 at 3.00 p.m. where all the parties shall remain present. 6. Rule is made absolute in the above terms with no order as to costs. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)