Mr. Suresh Nanji Dabhi v. The Municipal Corporation Of Greater Mumbai And ORS.

70.2435.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2435/2015 IN FIRST APPEAL (ST) NO.18069/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rajendra K . Yadav for the Applicant Ms. M. R. Bhoir for the Respondent Municipal Corporation CORAM : K. K. TATED, J.

DATE : JULY 31, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Applicant, the matter is taken on board for urgent orders.

2.

This Application is preferred by the Plaintiff for condonation of 17 days delay in filing the appeal challenging the decree dated 23/03/2015 passed by the Bombay City Civil Court, Mumbai in L.C.Suit No.1111/2009.

3.

The learned counsel for the Respondent vehemently opposed the present Civil Application. She submits that the Applicant has not shown sufficient cause for allowing the Civil Application. Basavraj G Patil 1/2

70.2435.15-caf Hence, there is no substance in the present Application. Same be dismissed with costs.

4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

5.

Hence, the following order:

a) Delay of 17 days in filing the First Appeal is condoned.

b) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2