Jabir Ali Walimohammed Shaikh v. Dinkar Yeshwant Madance And ANR

31 caa175-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.175 OF 2016 IN APPEAL FROM ORDER (ST) NO.2664 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders mCourt's or Judge's orders Mr.A.Q.Ansari for the applicant Mr.Mohan N. Dhamal for the respondent no.2 CORAM : K. K. TATED, J DATE : MARCH 22, 2019 P.C.:

.

Heard.

2.

By this Civil Application, applicant original plaintiff is seeking condonation of 8 days delay in filing Appeal from Order.

3.

The learned counsel for the Respondent no.2 submits that Respondent no.1 Dinkar Yeshwant Madane expired on 14.12.2000. He submits that these facts are recorded by the Trial Court in its order dated 10.12.2013 and Mohite 1/2

31 caa175-16.doc inspite of that applicant has made Respondent no.1 as party in the present proceeding.

Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

Delay in filing Appeal from Order is condoned.

Civil Application stands disposed of accordingly.

No order as to costs.

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