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Bombay High CourtIA/1629/2023disposed off

Janieta Stanislaus Gonsalves Daughter Of Bartholomew Andrew Barretto v. Transcon Properties Private Limited And Others

2023-06-14Hon'Ble Shri Justice N. J. Jamadar2 pages

62-ia-1629-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1629 OF 2023 IN APPEAL FROM ORDER (ST.) NO.8583 OF 2022 Janieta Stanislaus Gonsalves ...Applicant vs.

Transcon Properties Private Limited and Others

...Respondents

Mr. Santosh Sitap a/w. Mr. D.C. Satale, for the Appellant. Mrs. Pooja Kane a/w. Mr. Laxman Jain i/b. Mr. Yogesh Adhia, for Respondent No. 1.

Mr. Vasim Siddiquie, for Respondent Nos. 3 and 4. CORAM :

N. J. JAMADAR, J.

DATE :

JUNE 14, 2023 P.C.:

1.

Heard the learned counsel for the parties.

2.

This application is taken out to condone the delay of 19 days in filing the Appeal against the order dated 27th January, 2022 passed by the learned Judge, City Civil Court whereby the Notice of Motion No. 4349 of 2017 in L.C. Suit (L) No. 3773 of 2017 came to be dismissed.

3.

In paragraphs 4 and 5 of the application, the applicant has ascribed justifiable reasons.

4.

Thus for the reasons assigned in the application and to advance the cause of substantive justice, the delay in filing the appeal deserves to be condoned.

Vishal Parekar ...1

62-ia-1629-2023.doc 5.

Thus application stands allowed in terms of prayer clause (a). 6.

The appeal be registered and list for admission on 28th June, 2023.

(N. J. JAMADAR, J.) Vishal Parekar ...2