Ilyas Abdul Gaffar And ANR. v. Municipal Corporation Of Greater Mumbai

1 908-IA-1430-2024.doc Digitally signed by WAKLE MANOJ JANARDHAN Date:

2024.02.13 11:47:10 +0530 WAKLE MANOJ JANARDHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1430 OF 2024 IN FIRST APPEAL (ST) NO.1464 OF 2024 Ilyas Abdul Gaffar & Anr.

: Applicants Vs.

Municipal Corporation of Greater Mumbai : Respondent ------------ Adv. Rishikesh Chindarkar i/by Adv. Amit Tungare, for the Applicants. Mr. Santosh Parad, for the Respondent/MCGM.

------------ CORAM :

KISHORE C. SANT, J.

DATE :

9TH FEBRUARY, 2024 P.C. :

1.

This Application is moved for condonation of delay of 47 days caused in filing First Appeal. It is argued that the Appeal was presented within time. However, wrongly it was filed on the Original Side of this Court. It was wrongly mentioned as Appeal in the Original Civil Jurisdiction category. After realizing that it was wrongly filed in the Original Jurisdiction, the Applicant took steps to file on the Appellate Side. In the process the delay is caused. It is therefore prayed condone the delay. 2.

Learned Advocate for the Corporation/Respondent vehemently oppose the Application. Considering the reasons, this Court finds that Manoj

2 908-IA-1430-2024.doc sufficient cause is made out to condone the delay. Delay is therefore condoned.

3.

Interim Application stands allowed.

4.

Interim Application stands disposed of.

(KISHORE C. SANT, J.) Manoj