The Municipal Corpn. Of Gr. Mumbai And ORS. v. Harish Shambulal Hariani And ANR.

DSS 9-CAF-55-01 in FAST-23500-98-G

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 55 OF 2001 IN FIRST APPEAL (ST.) NO. 23500 OF 1998 The Municipal Corporation of Gr. Mumbai and ors.

.. Applicants/Petitioners vs.

Harish Shambulal Hariani and anr.

.. Respondents WITH CIVIL APPLICATION NO. 56 OF 2001 IN FIRST APPEAL (ST.) NO. 21291 OF 1998 The Municipal Corporation of Gr. Mumbai and ors.

.. Applicants/Petitioners vs.

Harish Shambulal Hariani .. Respondent Mrs. M.R. Bhoir for the Applicants.

Mr. Sunil R. More for Respondent No.1.

CORAM :

M. S. SONAK, J.

DATE : 04 JANUARY 2017.

P.C. :- 1] For the reasons set out in these civil applications and affidavits accompanying them, delay of 127 days and 110 days respectively in filing the appeals is condoned. This is because there is sufficient cause made out for seeking such condonation. The prejudice to the respondents can always be compensated by way of costs. In these matters, the costs are determined at Rs.2,500/- in each of the civil application.

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DSS 9-CAF-55-01 in FAST-23500-98-G 2] Accordingly, both the civil applications are allowed and delay of 127 days and 110 days in instituting the appeals is condoned. However, this shall be subject to the applicants paying costs of Rs.2,500/- to the respondents in each of the civil application within a period of four weeks from today.

3] Upon such costs being paid, necessary compliance report to be filed in these matters. The civil applications are disposed of. 4] Place the main appeals on 6 February 2017 on the supplementary board for admission.

(M. S. SONAK, J.) dinesh 2/2