Mrs. Bharatiben Jagdish Mehta And ORS. v. Mr. Shivkumar D. Jaiswal And ANR.

5-caf2159-17.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2159 OF 2017 IN FIRST APPEAL(STAMP) NO.16625 OF 2017 Bharatiben J. Mehta & Ors.

...Applicants V/s.

Shivkumar D. Jaiswal & Anr.

...Respondents

Mr.U.N. Mehta i/b Mr.D.S. Joshi for the Applicants. Ms.Deepika Prabhala for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 15TH JANUARY, 2020.

P.C. :- 1.

Learned counsel appearing for the applicants states that both the respondents are served. Affidavit of service is already filed. None appeared for the respondent no.1 when the matter was called out. No affidavit in reply is filed by any of the respondents. 2.

By this civil application, the applicants seek condonation of delay of 2 years and 316 days in filing the first appeal. 3.

I have heard the learned counsel appearing for the applicants and for the respondent no.2.Delay is sufficiently explained in paragraph 5 of the civil application. The civil application is made absolute in terms of prayer clause (a). There shall be no order as to costs.

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5-caf2159-17.doc 4.

The applicants are directed to remove all office objections within four weeks from today. It is made clear that if all the office objections are not removed within the time prescribed, the order passed today to stand vacated without further reference to the Court. (R.D. DHANUKA, J.) 2/2