Mr. Sabaji Vittal Desai (Since Deceased) Thr. Lrs. Rajesh Sabaji Desai v. Sou. Chhaya M. Patkar

osk 16-cac-286-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 286 OF 2018 IN CIVIL REVISION APPLICATION (ST.) NO. 13046 OF 2018 Sabaji Vittal Desai (Since deceased) Through LRs. & Ors.

...

Applicants V/s.

Sou. Chhaya M. Patkar ...

Respondent ----- Mr.Sagar Joshi for Applicants.

Mr.Rajesh Datar for Respondent.

CORAM : A.S. GADKARI, J.

DATE : 14th January 2020.

P.C. :

1] This is an application for condonation of delay of 299 days in filing the Civil Revision Application.

2] Mr.Datar, learned counsel for the respondent vehemently opposed the application. He submitted that, the applicants have not given proper and plausible explanation for condonation of delay and therefore, the present application may be dismissed.

3] However, for the reasons stated in the application and in the interest of justice, subject to payment of cost of Rs.5,000/- to be paid to the 1/2

osk 16-cac-286-2018.odt Legal Services Authority having its account namely "High Court Legal Aid Fund" within a period of two weeks from today, the delay is condoned and application is allowed in terms of prayer Clause (a). 4] It is made clear that, payment of cost of Rs.5,000/- is a condition precedent for condonation of delay.

5] Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2