Municipal Corporation Of Greater Bombay v. Shri. Ashit Dhaukumar Javeri Through Their Constitued Attorney Mr. Pravichandra M. Pandya And ORS.

2.147.14-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.147/2014 in First Appeal (ST) No.28979/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Sheetal Mane for the Municipal Corporation Mr. J. S. Yadav I/b. Bholaprasad S.

Shukla for the Respondent CORAM: K.K.TATED, J.

DATED : AUGUST 28, 2019 P.C.

Heard.

This Application is for condonation of 233 days delay in preferring the appeal challenging the judgment and decree dated 20.12.2012 passed by the Bombay City Civil Court at Bombay in L.C.suit No.1766/2010.

The learned counsel for the Respondent has vehemently opposed the Civil Application. He has filed Affidavitin-Reply dated 17.04.2014. He submits that the Applicant has failed to disclose sufficient cause for condonation of delay.

Hence, there is no substance in the Civil Application and same is liable to be Basavraj G. Patil 1/2

2.147.14-caf.odt dismissed with costs.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Civil Application and the reasons disclosed in para 3 and 4 of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

Delay in filing the First Appeal is condoned.

b.

The Civil Application stands disposed of accordingly.

c.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2