Kapil Pabhashanker Dave v. Nurani Sundarier Chudamani And ORS.

PR 25 caf 2208-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2208 OF 2015 IN FIRST APPEAL (ST.) NO. 15194 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Tushar Bhavsar with Ankit Rajput with Prerna Kshirsagar i/b Manoj Bhatt for the applicant. Mr. Prem Gidwani for the respondent.

CORAM : K. K. TATED, J.

DATED : 30/06/2015.

P.C.:

.

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

Heard learned Counsel for the parties.

This application is preferred by defendants for condonation of 49 days delay in filing First Appeal challenging the Judgment and Decree dated 29.01.2015 passed by Bombay City Civil Court at Bombay in L.C. Suit No. 7449 of 1980 (High Court Suit No. 2011 of 1980).

Considering the submissions made by learned Sneha Chavan 1/2

PR 25 caf 2208-15=.doc counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, the following order:

i) Civil application is allowed in terms of prayer clause (a), which reads thus:

"a) That the delay of 49 days in filing the First Appeal be condoned."

ii) Civil Application stand disposed of accordingly.

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