Smt. Sultana Parimal Sheth v. The Municipal Corporation Of Greater Mumbai And ORS.

15 caf 3966-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3966 OF 2014 IN FIRST APPEAL (ST) NO. 19351 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. M. Saraogi for the applicant.

Mrs. M. R. Bhoir for the respondent no.1 Corporation.

Mr. Abhinav Chandrachud i/b Vedchandan Patil for the respondent no.2.

CORAM : K. K. TATED, J.

DATED : 18/02/2015.

P.C.:

.

Heard learned Counsel for the parties.

This Application is preferred by the original plaintiff for condonation of 31 days delay in filing First Appeal challenging the judgment and decree dated 19.04.2014 passed by Bombay City Civil Court, Mumbai in L.C. Suit No. 3636 of 2007.

The learned counsel for the respondent no.2 submits that they have no objection, if, the delay is condoned.

The learned counsel for the respondent no.1 Sneha Chavan 1/2

15 caf 3966-14=.doc corporation vehemently opposed the present Civil Application. She submits that applicant has not shown sufficient cause for condonation of delay. 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.

Hence, the following order:

a) Delay of 31 days in filing First Appeal challenging the judgment and decree dated 19.04.2014 passed by the Bombay City Civil Court, Mumbai in L.C. Suit No. 3636 of 2007, is condoned. b) Office is directed to register the First Appeal, if all the office objections are removed by the applicant.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2