Sunil Kanuba Doiphode v. Kanuba Pandurang Doiphode

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VAISHALI ANIL TIKAM INTERIM APPLICATION No. 755 OF 2022 IN FIRST APPEAL No. 64 OF 2011 by VAISHALI ANIL TIKAM Date:

2022.05.05 15:58:12 +0530 Sunil Kanuba Doiphode ...Applicant Vs.

Kanuba Pandurang Doiphode

...Respondent

WITH FIRST APPEAL No. 368 OF 2012 The Municipal Corporation of Greater Mumbai ...Appellant Vs.

Kanoba Pandurang Doiphode

...Respondent

WITH FIRST APPEAL No. 2546 OF 2005 Dr.Ramesh K. Doiphode and Anr.

...Appellants Vs.

Suresh Kanuba Doiphode and Ors.

...Respondents

* * * * Mr. Arun Pankcker i/b. Nitin Parkhe for Applicant/ Appellant Mr. Om Suryavanshi for Appellant in FA/368/2012 Mr. Abhay Thorat for Respondent Nos.1 and 2 in FA 64/2011 Coram : Sandeep K. Shinde, J.

Dated: 5 th MAY, 2022.

2/3 P.C. :

1.

Pending appeal, sole Appellant passed away. This application is moved to bring the legal representatives of the deceased appellant on record. Application seeks to condone the delay of 1038 days caused in preferring the application. 2.

Heard learned counsel for the parties. Perused the application.

3.

Learned counsel for the Respondents vehemently opposed the application, contending that no reason are set out for condoning an inordinate delay of 1038 days.

4.

In consideration of the facts of the case and for the reasons stated in paragraphs 4,5 and 6 of the application, in my view, a sufficient cause has been shown for condoning the delay. Therefore, delay caused in preferring the application is condoned. As a result, order, abating the appeal is set aside. Thus Appeal, is restored to the file subject to costs of Rs.1,000/-, which applicant/s shall pay to counsel for the Respondents, within a week from today. Application is allowed and made absolute in terms of prayer clauses (a) and (b). Consequential amendment to be carried out before 10th June, 2022.

(Sandeep K. Shinde, J.)

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