Mr. Ramlal Thakurdin Chaurasiya v. Mr. Mohinder Garcha (Death) Harbhan Singh Garcha And ORS.

Sherla V.

caf.3968.2014_33.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3968 OF 2014 IN FIRST APPEAL ST. NO.28369 OF 2014 Ramlal Thakur Chaurasiya ... Applicant Vs.

Mohinderkaur Garcha, since deceased through:

Harbhan Singh Garcha & Ors.

... Respondents Mr.Shakeeb Shaikh I/b S.B. Legal for the Applicant Mr.P.J. Thorat for Respondent Nos.2 to 4 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: JANUARY 31, 2018 P.C.:

1.

This is an application for condonation of delay of 73 days in filing the appeal.

2.

At the outset, the learned Counsel for the applicant submits that he is not pressing prayer clause (b) of the Civil Application at this stage as he wants to take out a separate application for the same. 3.

It is submitted that the suit of the appellant was dismissed by order dated 8.5.2014 by the learned Judge of the City Civil Court, Greater Bombay. The learned Counsel submits that the appellant is 1 / 2

caf.3968.2014_33.odt old and it took time to contact the counsel. It is also submitted that the appellant had undergone heart surgery and he is a patient. 4.

Learned Counsel for the respondent Nos.2 to 4 while opposing the application submitted that the reasons mentioned are not sufficient to condone the delay.

5.

This is an First Appeal. For the reasons stated in the application, the delay is condoned. Appeal be registered and listed for admission after eight weeks.

6.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2