Mr. Adrian Alex Pereira v. Mrs. Anita Ronald Lewis

2caf4055.doc ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4055 OF 2015 IN FIRST APPEAL ST.NO.7973 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Siddhesh Bhole a/w Ms K.Sawant I/b Haresh Jagtiani & Associates for the Appellant Applicant Mr.S.B.Prabhavalkar for the Respondent.

CORAM :K.K.TATED,J.

DATE : SEPTEMBER 5, 2019 P.C.:

Heard learned Counsel for the Applicant.

By this Civil Application, Applicant original plaintiff is seeking condonation of 54 days delay in filing First Appeal challenging the Judgment and Decree dated 10.12.2014 passed by the City Civil Court at Dindoshi, Mumbai,in S.C.Suit No.1551 of 2008.

The learned counsel for the respondent filed their reply to oppose the Civil Application. He submits that

2caf4055.doc the applicant failed to disclose sufficient cause for condonation of delay. Hence, there is no substance in the Civil Application and the same should be dismissed.

I have heard both the parties at length. Considering the submissions made by the learned Counsel for the applicant and averments made in Civil Application as well as decision of the Apex Court in the case of Ramchandra N. Balkrishnan Vs. M. Krishnanmurthy (1998) 7 SCC 123, I am satisfied that Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a) Delay in filing First Appeal, is condoned.

b) Civil Application stands disposed of accordingly. No order as to costs.

(K.K.TATED,J.)