Smt. Gulabi Narayan Shetty v. Municipal Corporation Of Greater Mumbai

153.15-caa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.153 OF 2015 IN APPEAL FROM ORDER (ST) NO.2478 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Abhijeet Singh i/b. A. R. Mishra for the Applicant.

Mr. Vinod Mahadik for the Respondent.

CORAM : K. K. TATED, J.

DATE : FEBRUARY 4, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Applicant, the matter is taken on board for urgent orders.

2.

This Application is preferred by the original Plaintiffs for condonation of 30 days delay in filing the Appeal from Order challenging the order dated 27/11/2014 passed by the Bombay City Civil Court in draft Notice of Motion in L.C.Suit No.2109/2014.

3.

The learned counsel for the Respondent Corporation vehemently opposed the present Civil Application. He submits that the Applicant has not Basavraj G Patil 1/2

153.15-caa shown sufficient cause for condonation of inordinate delay of 30 days. Hence, there is no substance in the Civil Application. Same be dismissed with costs.

4.

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, the following order:

a) Delay of 30 days in filing the Appeal from Order is condoned.

b) The Applicant directed to remove all office objections in the appeal within four weeks from today, failing which the appeal shall stand dismissed without further reference to the court.

c) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2