Shri. Chandru Tahilram Tolani v. Sai Amrat Co-Operative Housing Society Limited And ORS.

(33)caf-1022.2019.doc bdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1022 OF 2019 IN FIRST APPEAL (ST.) NO. 4916 OF 2019 Shri Chandru Tahilram Tolani ... Applicant V/s.

Sai Amrat Co-operation Housing Society Lmt. & Ors. ... Respondents .......

Ms. Saumya Brajmohan a/w Ms. Shruti Manian & Ms. Kunj Pandya i/b M/s. Solomon & Co. for the Applicant.

Mrs. Roshni Bhandary i/b M/s. Bhandary & Bhandary for Respondent Nos. 1 and 2.

Mrs. Sheetal Mane for the Respondent Nos. 3 and 4. .......

CORAM :

K.K. TATED, J.

DATE :

25th JUNE, 2019.

P.C.:

Heard learned Counsel for the parties.

2.

By this Civil Application, Applicant original defendant is seeking condonation of 33 days delay in filing the First Appeal challening the Judgment and Decree dated 29th September 2018 passed by the Bombay City Civil Court, Bombay in L.C. Suit No. 7491 of 2003 (High Court suit No. 3961 of 2003).

(33)caf-1022.2019.doc 3.

Considering the submissions made by the learned Counsel for the Applicant and averments made in Civil Application, I am satisfied that Applicant has made out a case for allowing this Civil Application. Hence, following order is passed :- i) Delay in filing the First Appeal is condoned. ii) The Civil Application stands disposed off accordingly. (K.K. TATED, J.)