The Municipal Corporation Of Greater Mumbai v. Smt. Sakinabai, W/O. Shabbar Radhanpurwala (Deceased)

17 caf2959-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2959 OF 2014 IN FIRST APPEAL (ST) NO.2645 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 Mrs.Pratibha Shelke i/b Mr.P.J.Thorat for the respondent nos.1A

CORAM

: K.K.TATED, J.

DATED : 19/01/2016 PC:

Heard the learned counsel for the parties.

This application is preferred by defendant for condonation of 158 days delay in filing First Appeal challenging the judgment and decree dated 13.3.2012 passed by Bombay City Civil Court, Mumbai in L.C.Suit No.975 of 2000.

The learned counsel for the respondent vehemently opposed the present Civil Application. She submits that applicant has not shown sufficient cause for condonation of delay. Respondent filed Affidavit-in-Reply dated 20.2.2014.

Mohite 1/2

17 caf2959-14.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, following order:

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

"(a) That the delay of 158 days in filing the First Appeal in L.C.Suit No.975 of 2000 be condoned."

B) Applicant to pay cost of Rs.500/- to the respondent or their advocate.

C) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2