Mr. Mohammed Hussain Shaikh And ANR v. Mr. Georgis Jabalpurwala And ORS.

osk 59-caf-2377-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2377 OF 2018 IN FIRST APPEAL (ST.) NO. 17445 OF 2018 Mohammed Hussain Shaikh & Anr.

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Applicants V/s.

Georgis Jabalpurwala & Ors.

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Respondents • Ms.Swapnil Bangur a/w.Mr.Shanay Shaha i/b.Themis Legal for Applicants.

• Mr.Mohd. Shoeb i/b. Judicare Law Associates for Respondent No.1. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 10th OCTOBER, 2018.

P.C. :

1] This is an application for condonation of delay of 70 days in filing the First Appeal against the decree of possession. 2] Though learned counsel for Respondent No.1 has taken objection to the condonation of delay, on the ground that there is no sufficient cause made out, for the reasons stated in paragraph No.5 of the Application, as sufficient cause is made out and only to allow the Applicants to avail the remedy of the First Appeal, in the substantive cause of justice, the delay is condoned.

3] The Civil Application is allowed with no order as to costs. The Appeal be registered.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1