Smt. Gangubhai Govind Patil And ORS. v. Shri. Mayur Suresh Patil And ANR.

YBG caf967-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.967 OF 2015 IN FIRST APPEAL NO.3566 OF 2015 Smt. Gangubai Govind Patil & Ors.

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Applicants -VersusMayur Suresh Patil and Anr.

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Respondents Mr.Mahesh Rawool i/b. K.P.Shah for applicants Mrs.Anjali Helekar for respondent Nos. 1 and 2

CORAM

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K.K.TATED, J.

DATE :

20th March 2015.

P.C.

1] Heard learned Counsel for applicant. This application is preferred by the defendants for condoning delay of 120 days in filing first appeal, challenging the judgement and decree dated 30th July 2014 passed by the City Civil Court, Dindoshi in S.C.Suit No.513 of 2011.

2] Learned Counsel for the respondent has filed affidavit in reply. She vehemently opposes the present civil application. The respondents submit that the applicant has not shown sufficient

YBG caf967-15 cause for condonation of 120 days delay in filing first appeal. Hence, there is no substance in the present civil application and the same be dismissed with costs.

3] Considering the submissions made by the learned Counsel for the applicant and the reasons disclosed in paragraphs 3 to 5 of the civil application, I am satisfied that the applicant has made out case for allowing the civil application. At the same time, the applicant shall pay cost of Rs.750/- to the respondent or their Advocate within a period of two weeks from today. Hence, following order:- (a) Civil application is allowed.

(b) Delay of 120 days in filing first appeal is condoned; (c) Applicant to pay costs of Rs.750/- to the respondent or his Advocate within two weeks from today.

(d) Application disposed of.

( K.K.TATED, J.)