The Municipal Corporation Of Gr, Mumbai v. Ahmedullah Fakrullah Khan

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2828 OF 2018 IN FIRST APPEAL NO.1353 OF 2010 Municipal Corporation of Greater Mumbai .... Applicant V/s.

Ahmedullah Fakrullah Khan and Ors.

.... Respondents Mr. Prashant Sutar for the Applicant-MCGM.

Mr. Vishwajeet S. Kapse for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 19 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Mr. Sutar, learned counsel for the Applicant-Municipal Corporation, and Mr. Kapse, learned counsel for the Respondents. 2.

This is an application for condonation of delay of 259 days in filing the present application for setting aside abatement of the Appeal on the ground of death of the sole Respondent.

3.

For the reasons stated in the Civil Application, as sufficient cause is made out, the delay is condoned and the application is allowed. 1/2 CAF-2828-18==.doc

4.

The order of abatement against the sole Respondent is set aside. Applicant-MCGM is permitted to bring on record the legal heirs of the sole Respondent, within a period of four weeks from today. 5.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-2828-18==.doc