1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.1446/2006 In Misc. Civil Application (St) No. 902/2006 (Review) In Second Appeal No.464/2003 [Prakash s/o Shridharrao Vyawahare and another .vrs. Jagannath s/o Hariprasad Ghosh (Deceased) through L.Rs (1) Smt. Meera wd/o Jaganath Ghosh and three others] ........................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ....................................................................................................... Mr. A.V. Khare, Adv. for the applicants, Mr. N.R. Borkar, Adv. for the non- applicants. .......... CORAM : K.J. ROHEE, J. DATED : FEBRUARY 22, 2008. 1. Heard the learned counsel for the parties. 2. By order dated 15.3.2005 this Court dismissed the Second Appeal preferred by the present applicants. It seems that the applicants challenged the 2 said order by preferring Special Leave Petition before the Supreme Court. However, on 6.1.2006 Special Leave Petition was dismissed. Thereafter, on 17.1.2006 the present application for review has been moved by the applicants. As there was delay in preferring the application for review, the applicants filed application U/s. 5 of the Limitation Act for condonation of delay. 3. It may be seen that the order dated 15.3.2005 was challenged by the applicants by preferring Special Leave Petition, which came to be dismissed. Thereafter, the present application for review has been filed. As held in Kunhayammed and anothers .v. State of Kerala and another, (2000) 6 SCC 359, the order of this court does not merge in the order of the Supreme Court and as such the applicants can move application for review before this Court. 3 4. It is apparent from the record that the delay has been caused because the applicants approached the Supreme Court. Considering the provisions of Section 5 r/w Sec. 14 of the Indian Limitation Act, I think it expedient to condone the delay. Hence I pass the following order : 5. The application is allowed. The delay of 278 days in filing the present review application is condoned. The review application may be placed for admission. JUDGE asg