Gyasuddin Kifayatulla Zariwala v. M/S. Sirsiwala Realty And ORS

23.CAA1209_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1209 OF 2015 IN APPEAL FROM ORDER (St.) No. 14105 OF 2015 Gyasuddin Kifayatulla Zariwala ... Applicant Vs.

M/s. Sirsiwala Realty & Ors.

... Respondents Ms. Manisha B. Gawde i/b. Y.E. Mooman, Advocate for the applicant.

Mr. Akhil Kupode i/b. Manoj Harit & Co., Advocate for respondent nos. 1 to 4.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 5th January, 2018.

P.C.:

This Application is moved for condonation of delay in filing the Appeal from Order.

2.

The learned counsel for the applicant submitted that there is a delay of 92 days in filing Appeal from Order. He submitted that the applicant is 70 years old and was not keeping good health, therefore, he could not contact the counsel. The order under challenge is passed on 9th December, 2014. The applicant has lost his wife and it took time for him to recover from trauma. Hence, the delay be condoned.

3.

The learned counsel for respondent nos. 1 to 4 while opposing 1 / 2

23.CAA1209_2015.doc this Application has submitted that no proper cause is shown. 4.

in view of the submissions made by the learned counsel for the applicant, sufficient cause is made out. Hence, delay of 92 days is condoned.

5.

Appeal be numbered.

6.

Civil Application is allowed and is disposed of accordingly. 7.

Place the Appeal for admission on 16th February, 2018. (MRIDULA BHATKAR, J.) 2 / 2