Kalyan Dombivli Municipal Corporation Though Commissioner v. Association Of Christian For Welfare Though Its Secretary,Shri Siprian Joseph D'Souza And Another

bsb 1 45.CAS670.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 670 OF 2014 IN SECOND APPEAL (ST) NO. 797 OF 2014 Kalyan Dombivli Municipal Corpn.

... Applicant v/s Association for Christian for Social Welfare, & anr.

... Respondents Mr.A.S.Rao for the applicant.

Mr.J.M.D'Silva for Resp. Nos.1 and 2.

Coram: N.M. Jamdar, J.

Dated: 29 July, 2016 P.C.:

The application is filed by the Municipal Corporation seeking to condone the delay of one year and 166 days in filing the second appeal.

I have heard learned counsel for the parties and perused the reply.

The subject matter of the suit is a burial ground for the Christian community. The Municipal Corporation has been directed to hand over the suit land to the Respondents/Plaintiffs as burial

bsb 2 45.CAS670.14.doc ground by removing encroachment. Considering the subject matter in the controversy and the reasons stated in the application and the fact that the Applicant is a public body, the civil application deserves to be allowed.

Accordingly, the civil application is allowed in terms of prayer clause (b).

Place the appeal on board on 26 August 2016.

All office objections to be removed before the next date. (N. M. Jamdar, J.)