Stone Building Welfare Association v. Mr. Shafi Mohammed Khan And ANR

220.15-caa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.220 OF 2015 IN APPEAL FROM ORDER (ST) NO.3626 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. D. D. Singh for the Applicant Mr. Milan Desai i/b. T. R. Patel for Respondent No.1.

Mr. Vinod Mahadik for Municipal Corporation CORAM : K. K. TATED, J.

DATE : FEBRUARY 23, 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 filed by the original Plaintiff for condonation of 35 days delay in filing the Appeal from Order.

3.

The learned counsel for the Respondent vehemently opposed the Civil Application. He submits that the Applicant has not shown sufficient cause for condonation of delay.

Basavraj G Patil 1/2

220.15-caa 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) Civil Application is allowed in terms of prayer clause (a) which reads thus:

(a) That delay of 35 days in filing the aforesaid appeal be condoned in the interest of justice.

B) Civil Application stands disposed off accordingly.

C) Office is directed to place the Appeal from Order on board on 23/03/2015, if all office objections are removed within two weeks from today, failing which the Appeal from Order shall stand dismissed without further reference to the court.

JUDGE Basavraj G Patil 2/2