Mr. Amratlal Balubhai Mehta And ORS. v. Dhirajlal Balubhai Mehta(Since Deceased),Thr. Legal Heirs 1a Smt.Sarmishta Dhirajlal Mehta And ORS.

20 caf445-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.445 OF 2015 IN FIRST APPEAL (ST.) NO.22153 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.J.A.Udaipuri a/w Ms.S.K.Electricwala I/b M/s.Udaipuri and Co. for the applicant Ms.Kalpesh J. Nansi for the respondent nos.1A to 1F CORAM : K. K. TATED, J DATE : MARCH 22, 2019 P.C.:

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Heard.

2.

By this Civil Application, Applicant is seeking condonation of 62 days delay in filing First Appeal.

The learned counsel for the Respondent submits that they filed Affidavit-in-Reply Mohite 1/2

20 caf445-15.doc opposing the present Civil Application. He submits that Applicant has not shown sufficient cause for condonation of 62 days delay. Hence, there is no substance in the present Civil Application and same is required to be dismissed with costs.

Heard.

It is to be noted that in the present proceedings, there was delay on the part of Applicant to file the present First Appeal because he was out of town. These facts are stated in paragraph 2 of the Civil Application. Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in paragraph 2 of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay in filing First Appeal is condoned.

b) Civil application stands disposed off accordingly.

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