Mr. Narayan Kashinath Ghanekar And Another v. Smt.Jayawantibai Dattaram Ghanekar(Death)Through Her Legal Heirs Mr.Ganpat Dattaram Ghanekar And Or

10 caf2914-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2914 OF 2014 IN FIRST APPEAL (ST). NO.18796 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs.Sulbha A. Dhamale for the applicant Mr.J.N.Jayale for the respondent nos.2 and 3

CORAM

: K.K.TATED, J.

DATED : 07/08/2015 PC:

Heard the learned counsel for the parties.

Advocate for the applicant submits that respondent no.4 MHADA is duly served by private notice. He undertakes to file affidavit of service within one week from today.

Statement is accepted.

This application is preferred by plaintiffs for condonation of 63 days delay in filing First Appeal challenging the judgment and decree dated 18.3.2014 passed by City Civil Court at Dindoshi, (Borivali Division), Goregaon, Mumbai in S.C. Suit No. 5020 of 2002 by which the plaintiff's suit stand dismissed.

Respondent nos.2 and 3 filed their AffidavitMohite 1/2

10 caf2914-14.doc in-Reply to oppose the present Civil Application. He submits that applicant has made incorrect statement in the present Civil Application on oath. 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 but at the same time, applicant to pay cost of Rs.2500/- to respondent nos.2 and 3 or their Advocate within four weeks from today. Hence, following order: a) Delay of 63 days in filing First Appeal is condoned.

b) Applicant to pay cost of Rs.2500/- to respondent nos.2 and 3 or their Advocate within four weeks from today.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2