M/S. S.S.K. Developers, Through Its Partner v. M/S. J.K. Developers, Through Its Proprietor And ORS

Sherla V.

caa.987.2015_52.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.987 of 2015 IN APPEAL FROM ORDER ST. NO.15780 OF 2015 M/s.S.S.K. Developers ... Appellant Vs.

M/s.J.K. Developers ... Respondent Mr.G.S. Godbole i/b D.S. Patil for the Appellant Mr.T.D. Deshmukh for Respondent No.1 Mr.Vaibhav Sugdare for Resp. Nos.3 & 5 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 27th AUGUST, 2015 P.C.:

1.

This application is filed for condonation of delay of 318 days in preferring the appeal. It is submitted by the learned Counsel for the appellant that after the rejection of the interim application by the Civil Judge, Senior Division, Pune, the father of one of the partners of the appellants expired and, therefore, some time was consumed. Moreover, in between talks of settlement were going on and the appeal could not be filed within time.

2.

The learned Counsel for Respondent No.1 and the learned Counsel for Respondent Nos.3 and 5 are present. Other respondents, though 1 / 2

caa.987.2015_52.doc served, are not present. The learned Counsel for Respondent Nos.3 to 5 submits that in this application, there is also a prayer for injunction. However, there is no injunction granted as on today. 3.

Considering the reasons mentioned in the application so also considering the submissions of the learned Counsel for the applicant, the Civil Application is allowed. The delay of 318 days is condoned. Appeal be numbered and listed for admission on 21st September, 2015. 4.

Civil Application stands disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2