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Bombay High CourtCAF/4777/2016

Shri. Parag Daji Patel v. Shri. Dajibhai Bhikabhai Patel

2018-09-27Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4777 OF 2016 IN FIRST APPEAL (STAMP) NO.28683 OF 2016 Parag Daji Patel .... Applicant V/s.

Dajibhai Bhikabhai Patel .... Respondent Mr. Rajendra M. Haridas for the Applicant.

Ms. Raksha Jain for the Respondent.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 27 TH SEPTEMBER, 2018.

P.C. :

1.

Heard Mr. Haridas, learned counsel for the Applicant, and Ms. Jain, learned counsel for the Respondent. 2.

This is an application for condonation of delay in preferring the First Appeal.

3.

Learned counsel for the Respondent strongly resists the same. 4.

However, considering the reason given in the Civil Application, that the Applicant has filed Review Petition before the Trial Court and till the decision of the Review Petition, he waited; therefore, there is a delay, the sufficient cause being shown, in view of Section 14 of the Limitation Act, the delay is condoned. Civil Application is allowed. 1/2 24-CAF-4777-16==.doc

5.

First Appeal be registered and placed for admission on 13th December 2018.

6.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 24-CAF-4777-16==.doc