Bombay High CourtCAF/3754/2017disposed off

Shri Ashok Nandu Shetty v. Municipal Corporation Of Greater Mumbai

2017-12-06Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

spb/ 907&908caf3754-3773-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3754 OF 2017 WITH Civil Application No. 3755 Of 2017 IN FIRST APPEAL (ST.) NO. 31725 OF 2017 WITH FIRST APPEAL (ST.) NO. 31725 OF 2017 Ashok Nandu Shetty ... Applicant/ Appellant.

V/s.

Municipal Corporation of Gr. Mumbai ... Respondent.

--- WITH CIVIL APPLICATION NO. 3773 OF 2017 WITH Civil Application No. 3774 Of 2017 IN FIRST APPEAL (ST.) NO. 31716 OF 2017 WITH FIRST APPEAL (ST.) NO. 31716 OF 2017 Ashok Nandu Shetty ... Applicant/Appellant.

V/s.

Municipal Corporation of Gr. Mumbai ... Respondent.

--- Mr. Owen Menezes, Advocate with Ravi Gadagkar, Advocate i/by Usha Gadagkar for the Applicant/Appellant in both CAs. Mrs. M. R. Bhoir, Advocate for the Respondent-Corporation. --- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 06th DECEMBER, 2017 PC :

These civil applications are filed for condonation of delay of 30 days in filing the respective first appeals. Learned Borey 1/2

spb/ 907&908caf3754-3773-17.doc counsel appearing for the Applicant in both the matters submits that the appellant is challenging the judgment and decree dated 12th September, 2017 passed in L.C.Suit No.386 of 2010, by the learned Judge of the Bombay City Civil Court at Greater Bombay. The delay caused in filing the appeals is unintentional. It took time to finalize and file the appeals, due to time taken in communication between the counsel and the appellant. Learned counsel for the Respondent-Corporation opposes the applications..

In view of the submissions of the learned counsel for the applicant and considering the reasons mentioned in the civil applications, the delay of 30 days in filing both the appeals is hereby condoned. Appeals be registered. Both the civil applications are disposed of in the above terms.

Both the Appeals to come up for admission after eight weeks, i.e. on 31.01.2018. Ad-interim relief granted by the trial court, pending the suit to continue for a period of eight weeks. S.O. 31.01.2018.

(MRIDULA BHATKAR,J.) .....

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