Kishore Shivram Sarang v. M/S. Umatiya Developers

19 caf1134-10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1134 OF 2010 IN FIRST APPEAL (ST). NO.7210 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Mohit Jadhav for the applicant

CORAM

: K.K.TATED, J.

DATED : 06/02/2015 PC:

Heard the learned counsel for the applicant.

This application is preferred by plaintiff for condonation of 280 days delay in filing First Appeal challenging the judgment and decree dated 12.5.2009 passed by Bombay City Civil Court at Bombay, Mumbai in S.C.Suit No.5492 of 2006.

Though the respondents are duly served, no one appeared on behalf of them, when the matter was called out.

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 Mohite 1/2

19 caf1134-10.doc for allowing Civil Application. Hence, Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) that the delay of 280 days for filing the present Appeal be condoned and that the Appellant be allowed to file the present Appeal."

Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2