Sanjay Tukaram Dhanawade v. Mahfuz Khan

1728.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1278/2014 IN FIRST APPEAL (ST) NO.36164/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Suresh Gole for the Applicant CORAM : K. K. TATED, J.

DATE : JULY 31, 2015 P.C.:

1.

Heard. None for the Respondent though duly served.

2.

This Application is preferred by the Plaintiff for condonation of 86 days delay in filing the appeal challenging the decree dated 26/08/2013 passed by the Bombay City Civil Court, Mumbai in S.C.Suit No.51/2007.

3.

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.

Basavraj G Patil 1/2

1728.14-caf 4.

Hence, the following order:

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

"(a) This Hon'ble Court be pleased to condone the delay of 86 days and/or such other larger delay in filing the present appeal."

b) Rule made absolute accordingly.

c) No order as to costs.

JUDGE Basavraj G Patil 2/2