Shri. Shamji Nanji Ghendiya (Proposed Applicant-Legal Heir Of Appellant No.3) v. The Municipal Corporation Of Greater Mumbai

(36)-CAF-677-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.677 OF 2016 IN FIRST APPEAL NO.1099 OF 2013 WITH CROSS OBJECTION NO.8577 OF 2013 Shri. Shamji Nanji Ghediya .. Applicant

IN THE MATTER OF

Shri. Masari R. Tank and others .. Appellants

Versus

The Municipal Corporation of Greater Mumbai and others .. Respondents Shri. V. R. Sutrale for the Applicant.

Mrs. M. R. Bhoir for the MCGM Respondent No.1. Shri. S. K. Chaurasia for the Respondent No.3. CORAM : R.M. SAVANT, J.

DATE : 4th JULY 2016 P.C.

1.

The above Civil Application has been filed for bringing the heirs of the Appellant No.3 on record and for condonation of delay of about 81 days in filing the application. The reasons for the delay are mentioned in the Civil Application. The Learned Counsel Shri. S. K. Chaurasiya appearing for the Respondent No.3 opposes the application, BGP.

(36)-CAF-677-16.doc but ultimately leaves it to this Court. Hence, accepting the reasons mentioned for the delay caused in filing the application, the same is allowed. Resultantly, the heirs of the Appellant No.3 are allowed to be brought on record. Amendment to be carried out within two weeks from date.

2.

In view of the order passed in the above Civil Application, the heirs of the Appellant No.3 are also allowed to be brought on record in the Cross Objection No.8577 of 2013. In Cross Objection No.8577 of 2013 amendment to be carried out within two weeks from date. [R.M. SAVANT, J] BGP.