Mrs. Mini Begum Jabbar Shaikh v. General Manager Western Railway (Union Government Of India) And ORS.

59 caf1443-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1443 OF 2019 IN FIRST APPEAL (ST.) NO.8990 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Vijay S. Sharma for the Applicant Mr.Chetan C. Agarwal a/w Ms.Jyoti S Agarwal for the respondent nos.1 and 2 Ms.Sheetal Mane for the M.C.G.M.

CORAM : K. K. TATED, J DATE : AUGUST 29, 2019 P.C.:

.

Heard.

By this Civil Application, Applicant original plaintiff is seeking condonation of 18 days delay in filing First Appeal challenging the judgment and award dated 1.2.2019 passed by City Civil Court at Mumbai, Borivali Division, Dindoshi, Goregaon, Mumbai in Suit Mohite 1/2

59 caf1443-19.doc No.2553 of 2014 dismissing the Applicant original plaintiff's suit for grant of relief of declaration and perpetual injunction for cost of the suit against defendants.

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 for allowing the Civil Application. Hence, following order is passed:

a.

Delay in filing Civil Application is condoned.

b.

Civil Application stands disposed of accordingly.

c.

No order as to costs.

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