Mr. Sebastian John Rosario v. Mr. Ancilem Mervin Fernandes And ORS.

32 caf 1502-19=

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1502 OF 2019 IN FIRST APPEAL (ST) NO. 9259 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Pooja Joshi I/b A.M. Sarogi for the Applicant.

CORAM: K.K.TATED, J.

DATED : 16/09/2019 P.C.

Heard learned Counsel for the Applicant.

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

By this Civil Application, Applicant original plaintiff is seeking condonation of 22 days delay in filing First Appeal challenging the judgment and decree dated 16.01.2019 passed by Bombay City Civil Court at Bombay in S.C. Suit No. 1595 of 2011.

Considering the submissions made by the learned Counsel for the Applicant and averments made in Civil Application, I am Sneha Chavan

32 caf 1502-19= satisfied that Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a) Delay in filing First Appeal, is condoned.

b) Civil Application stands disposed of accordingly.

c) No order as to costs.

(K.K.TATED, J.) Sneha Chavan