M/S. Darshan Enterprises v. Kaveri Co-Op. Hsg. Soc. Ltd. And ANR

910-CA870-10.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.870 OF 2010 IN FIRST APPEAL (ST) NO.5589 OF 2010 WITH CIVIL APPLICATION NO.871 OF 2010 Darshan Enterprises &Anr ...Appellants

Versus

Kaveri Co Op Hsg Soc Ltd & Anr

...Respondents

None for the Appellant/Applicant.

CORAM: G.S. PATEL, J DATED:

15th June 2017 PC:- 1.

This First Appeal is of 2010 against an ex parte judgment and decree dated 23rd November 2006.

2.

Civil Application No.870 of 2010 seeks condonation of delay. The Civil Application was already dismissed against Respondent No.2 by an order of the Registrar, Judicial-II. There is an application for restoration. The matter was listed before me on 5th June 2017. None appeared on that date. It does not seem that since 2013 15th June 2017

910-CA870-10.DOC anybody has pursued the matter on behalf of the Appellants/Applicants.

3.

Civil Application No.870 of 2010 is dismissed. The delay is not condoned.

4.

The First Appeal is dismissed with no order as to costs. '

5.

In view of disposal of the Appeal, Civil Application No.871 of 2010 does not survive, and is disposed of accordingly. (G. S. PATEL, J.) 15th June 2017