The Municipal Corporation Of Greater Mumbai v. Shri. Loknath Mahadev Soni

10 caf 2227-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2227 OF 2014 IN FIRST APPEAL (ST) NO. 732 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. M.R. Bhoir for the applicant/corporation. Mr. Sushil Upadhyay i/b A. M. Saraogi for the respondent.

CORAM : K. K. TATED, J.

DATED : 08/07/2015.

P.C.:

.

Heard learned Counsel for the parties.

This Application is preferred by the Corporation for condonation of 166 days delay in filing First Appeal challenging the judgment and decree dated 27.06.2013 passed by Bombay City Civil Court, Mumbai in L.C. Suit No. 2540 of 2004. The learned counsel for the respondent plaintiff vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient cause for condonation of inordinate delay of 166 days.

Sneha Chavan 1/2

10 caf 2227-14=.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

i) Civil Application is allowed in terms of prayer clause (a) which read thus :

"a) That this Hon'ble Court be pleased to condone the delay of 166 days and the Memo of Appeal be taken on record and heard on merits." ii) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2