Shri Jagannath Bandagale v. The Municipal Corporation Of Greater Mumbai And ANR

1 11.167.18 caa.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 167 OF 2018 IN APPEAL FROM ORDER (ST) NO. 16956 OF 2017 WITH APPEAL FROM ORDER (ST) NO. 16956 OF 2017 Shri. Jagannath Bandagale .....Applicant V/s.

The Municipal Corporation of Greater Mumbai .....Respondents and another None for the applicant Mrs. Madhuri More for BMC CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

None for the applicant. As no one appeared on behalf of the applicant, dismissed for non prosecution.

In view of the dismissal of the Civil Application no. 167 of 2018, nothing survives in Appeal from Order. Hence, registration of Appeal from Order stands rejected.

2 11.167.18 caa.doc Later on Advocate Mr. A. L. Shaikh for the applicant mentioned this matter. Heard the learned counsel for the parties. Earlier order is recalled By this Civil Application, applicant is seeking condonation of 6 days delay in filing Appeal from Order challenging the order dated 02/05/2017 passed by Bombay City Civil Court in Notice of Motion No. 81 of 2012 in L.C. Suit No. 52 of 2012.

Considering the submissions made by the learned counsel for the applicant and the averments made in the Civil Application, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order:

(I) Delay of 6 days in filing Appeal from Order is condoned. (II) Civil Application stands disposed of.

(III) No order as to costs.

[K. K. TATED, J.]