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Bombay High CourtCAF/4618/2011disposed off

Kalpana Ashok Tharval And ORS v. Sunanda Kashiram Rajput And ORS

2015-07-15Hon'Ble Shri Justice K.K. Tated2 pages

4618.11-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4618/2011 IN FIRST APPEAL (ST) NO.27112/2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Santosh Adsul for the Applicant Mrs. M. R. Bhoir for the Respondent No.3 CORAM : K. K. TATED, J.

DATE : JULY 15, 2015 P.C.:

1.

Heard the learned counsel for the Applicant and Respondent No.3 Corporation. None for Respondent Nos.1 and 2 though duly served.

2.

This Application is preferred by Defendant Nos.2 to 9 for condonation of 398 days delay in filing the appeal challenging the decree dated 03/08/2010 passed by the Bombay City Civil Court, Mumbai in S.C.Suit No.248/2002.

3.

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.

Basavraj G Patil 1/2

4618.11-caf 4.

Hence, the following order:

a) Delay of 398 days in filing the appeal is condoned.

b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2