Smt.Bayamabai Balkrushna Thakur(Deceased)Through Legal Heirsmr.Gopicahand Balkrushna Thakur And An v. Shri. Suresh R. Wakvani And ANR.

4261.13-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4267 OF 2013 IN FIRST APPEAL (ST) NO.26929 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. V. Gavand for the Applicant CORAM : K. K. TATED, J.

DATE : APRIL 10, 2015 P.C.:

1.

Heard. This Application is preferred for condonation of 54 days delay in filing the appeal challenging the judgment and decree dated 02/05/2013 passed by the Civil Judge, Senior Division Panvel in Special Civil Suit No.212/2008. 2.

The learned counsel for the Respondent No.1 vehemently opposed the Civil Application by filing an Affidavit-in-Reply. He submits that the Applicant has not shown sufficient cause for condonation of delay. Hence, there is no substance in the Civil Application. Same to be dismissed with costs.

Basavraj G Patil 1/2

4261.13-caf 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. At the same time, the Applicant to pay cost of Rs.1500/- each to both the Respondents.

4.

Hence, the following order:

a) Delay of 54 days in filing the appeal is condoned.

b) The Applicant to pay cost of Rs.1500/- each to both the Respondents within 8 weeks from today.

c) Rule made absolute accordingly.

d) Civil application stands disposed.

JUDGE Basavraj G Patil 2/2