Dattaram Babaji Parab v. Maharashtra Hsg. And Area Development Authority

20.CAA1216_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1216 OF 2015 IN APPEAL FROM ORDER (ST.) No. 19699 OF 2015 Dattaram Babaji Parab ... Applicant Vs.

Maharashtra Housing & Area Development Authority & Ors.

... Respondents Mr. R.V. Govilkar a/w. Mr. Mihir R. Govilkar, Advocate for the applicant.

Ms. Swapna Roopavate a/w. Flora Jain i/b. Tushar A. Goradia, Advocate for respondent no. 4.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 18th September, 2017.

P.C.:

As per the office note, the learned counsel for respondent nos. 1 to 4 are served.

2.

This Application is moved for condonation of delay of 327 days in filing the Appeal from Order.

3.

The learned counsel for the applicant submitted that the Notice of Motion No. 2009 of 2013 was dismissed on 22nd July, 2014 due to certain observation in demanding the proof of the documents in respect of room no. 12. The applicant did not challenge the order of dismissal of Notice of Motion, however, in the last week of June 1 / 2

20.CAA1216_2015.doc 2015, he came across some documents and felt that those documents are relevant to establish his claim prima facie in respect of room no. 12. Hence, there is delay.

4.

The learned counsel for the respondents opposed this Application for condonation of delay on the ground that no sufficient ground is made out.

5.

Heard the submissions. Read the Application for condonation of delay. For the reasons mentioned in paragraphs 7 to 11 of the Application, delay of 327 days is hereby condoned. 6.

Civil Application is allowed.

7.

Appeal be numbered.

8.

Place the Appeal from Order for admission on 3rd November, 2017. Pending this Appeal from Order shall not come in the way for the trial Court to proceed with the matter. The trial Court may proceed with the matter.

(MRIDULA BHATKAR, J.) 2 / 2