Harishankar Hingu Mishra D.H. Rajmani Harishankar Mishra And ANR v. Lilavati W/O Ahiaprasad And Othrs

Ethape 45.CAF.2831.11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2831 OF 2011 IN FIRST APPEAL ST. NO. 12122 OF 2009 Harishankar Hingu Mishra since deceased through Lrs.

1a. Smt. Rajmani Harishankar Mishra & Ors ...Applicants

Versus

Smt.Lilavati w/Ahiaprasad & Ors.

...Respondents

...

Mr.Rajesh Parab, Advocate for the Applicant.

...

CORAM

: K.K.TATED, J.

DATED : AUGUST 29th, 2019 P.C.

1.

Heard learned counsel for the Applicants.

2.

By this Civil Application, Applicants are seeking condonation of 2305 days delay in filing the First Appeal, challenging the Judgment and Decree dated 15th September 2001 passed by 1st Additional Principal Judge, City Civil Court, Bombay in S.C. Suit No. 5218 of 1991. The present Civil Application was dismissed in view of conditional order dated 21st July 2011. 3.

Hence, the Applicants preferred Civil Application No. 1835 of 2012 for restoration. The Civil Application was allowed by this Court by an Order dated 13th August 2019.

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Ethape 45.CAF.2831.11 4.

Reading of Civil Application shows that, the Applicants failed to disclose the sufficient cause of condonation of 2305 days delay in filing the First Appeal. 5.

Hence Civil Application stand rejected.

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