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Bombay High CourtCAF/2030/2017

Shri.Kamalprasad Tikamani, v. Shri.Nareshchandra Nihalchand Sogani,

2019-09-24Hon'Ble Shri Justice K.K. Tated2 pages

12 caf 2030-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2030 OF 2017 IN FIRST APPEAL (ST.) NO. 8192 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s orders.

Ms. Shaista Pathan i/b Y & A. Legal for the Applicant.

Mr. Darshan Bafna i/b S.K. Jain & Associates for the Respondent.

CORAM: K.K.TATED, J.

DATED : SEPTEMBER 24, 2019 P.C.

1 Heard learned Counsel for the parties.

2 By this Civil Application, the Applicant/Original Defendant is seeking condonation of 35 days delay in filing the First Appeal challenging the Judgment and decree dated 07/01/2017 passed by the Bombay City Civil Court, Bombay in Suit No.

564/2015.

3. The Learned Counsel for the Respondent vehemently opposed the present Civil Application. He submits that, the Applicant has not shown sufficient cause for Laxmi 1/2

12 caf 2030-17.doc condonation of delay.

4. Considering the submission 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 for allowing the Civil Application.

Hence, the following Order is passed:

a. Delay in filing the First Appeal is condoned.

b. Civil Application stands disposed of accordingly.

c. No order as to costs.

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