Suresh Ramchandra Chikane, v. Abdul Hamid Pasha Miya,

906 caf1233-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1233 OF 2015 IN FIRST APPEAL NO.1836 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.Mohan B. Jadhav for the applicant Ms.Sunitha Perumal i/b Mr.S.V.Masurkar for the respondent

CORAM

: K.K.TATED, J.

DATED : 27/03/2015 PC:

Heard the learned counsel for the parties.

This application is for condonation of delay in depositing compensation for the month of March, 2015 in the Trial Court pursuant to the order dated 20.1.2011 passed by this court in Civil Application No.4644 of 2010 in First Appeal No.1836 of 2010. 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, following order:

Mohite 1/2

906 caf1233-15.doc A) Civil Application is allowed in terms of prayer clause (a) which read thus:

"(a) That the Hon'ble Court may be pleased to condone the delay in depositing the monthly compensation of Rs.1250/- in trial court as per order dated 20.1.2011 for month of March 2015 the Registrar of City Civil Court Dindoshi, Goregaon, Mumbai i.e. the trial court may be directed to accept the said amount from the Applicant."

B) Amount to be deposited within two weeks from today.

C) Applicant is permitted to prefer appropriate application for prayer clause (b) and that will be decided on its own merits.

D) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2