Mrs. Laxmibai Hirji Premji Since Deceased Thr. Lrs. Mr. Suryakant Furia v. Mulund Vimal Vihar C.H.S. Ltd, And ANR.

508 caf478-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.478 OF 2019 IN FIRST APPEAL (ST.) NO.26254 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Kunal Bhanage i/b Mr.Akshay Pawar for the applicant Ms.Shoma Maitra i/b M/s.Wadia Ghandy for the respondent no.1 CORAM : K. K. TATED, J DATE : APRIL 4, 2019 P.C.:

.

Heard.

The learned counsel for the Applicant seeks liberty to delete Respondent no.2 from the Civil Application as well as First Appeal. Same is permitted. Amendment be carried out during the course of the day.

By this Civil Application, Applicant original plaintiff is seeking condonation of 30 days delay in filing First Appeal challenging Mohite 1/2

508 caf478-19.doc the judgment and decree dated 7.7.2018 passed by Bombay City Civil Court at Bombay.

Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

A.

Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That this Honb'le Court be pleased to condoned the delay of 30 days as has been caused in filing of the captioned appeal from order."

B.

Civil Application is allowed accordingly.

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