Mr. Percy D'Sa And Another v. The Municipal Corportion Of Grater Mumbai And Another

20 caf 3931-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3931 OF 2014 IN FIRST APPEAL (ST) NO. 25646 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Sandhya Nanavare i/b M. Janardhanan for the applicant.

Mr. A.R. Patil, AGP for the respondent.

CORAM : K. K. TATED, J.

DATED : 08/07/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is for condonation of 351 days delay in filing First Appeal.

The learned counsel for the applicant submits that initially they filed Writ Petition no. 3382 of 2014 on 14.11.2013 challenging the impugned order dated 18.07.2013 passed by the Additional Chief Judge, Small Causes Court, Mumbai in Municipal Appeal No. 135 of 1999. That Writ Petition was decided by this Court on 13.08.2014 with liberty to file the present Appeal.

Hence, there is delay in filing present First Appeal.

Sneha Chavan 1/2

20 caf 3931-14=.doc Considering the submissions made by the learned counsel for the applicant and reasoned disclosed in paragraphs 3 and 4 of Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

i) Civil Application is allowed in terms of prayer clause (a) which read thus.

"a) This Hon'ble Court be pleased to condone technical delay of 351 days in filing the Appeal."

ii) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2