*1* wp.8989.10.941.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8989 OF 2010 Prabhakar Narayan Shinde. ..Petitioner -Versus- Bhiva Shivram Salve and others. ..Respondents .......... Mr.Vilas B. Tapkir, for the Petitioner. Mr.S.N.Chandrachoo, for the Respondent No.1. Mr.A.P.Kulkarni, for the Respondent No.4. Mr.R.M.Patne, AGP, for the Respondent Nos.6 and 7. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 27th July, 2011. P.C.: 1 The petition challenges the order passed by the Additional Commissioner, Pune Division, Pune dated 11.08.2010 dismissing the Review Petition No.3/2009. 2 A perusal of the order passed by the Additional Commissioner shows that this review application was on his file from 16.02.2009. The review application states the reason for approaching the appellate authority in one of the grounds in one paragraph. It is not as if the matter was not to be heard on merits because the Additional Commissioner himself referred to several dates on which the matter was placed and finding that the Petitioner did not take necessary steps, that he proceeded to dismiss the review application itself. 3 To my mind, by keeping the review application pending for such a long time, the Additional Commissioner would have been well advised to dispose of the review application, both on the point of *2* wp.8989.10.941.sxw limitation, so also, on merits. There is no harm if the Additional Commissioner goes into all aspects of the matter in the instant case and particularly when the review application is lying on the file since 16.02.2009. If the Petitioner was seeking repeated adjournments, he could have imposed such conditions as are permissible in law, but dismissing the review application without assigning proper reasons and without effective and complete opportunity to the Petitioner in the facts of this case, is not justified and sustainable. 4 For these reasons, the impugned order is set aside. The review application shall be heard by the Additional Commissioner a fresh and he shall give his finding and conclusion on both aspects of limitation, so also, on merits. If the Petitioner appears before the Additional Commissioner on 05th August, 2011 at 11:00 a.m., the review application shall be taken up and disposed of in the above manner within a period of eight weeks from the date of appearance of the Petitioner. If the Petitioner fails to appear on the said date, the impugned order then stands confirmed and shall not be interfered with. The Writ Petition is disposed of in the above terms. No costs. (S.C. Dharmadhikari, J)