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Bombay High CourtCAF/4057/2014allowed

Mr. Nadim Abdul Qadir Panchi v. The Maharashtra Housing And Area Development Authority And ORS.

2016-01-11Hon'Ble Shri Justice K.K. Tated2 pages

17 caf4057-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4057 OF 2014 IN FIRST APPEAL (ST) NO.28651 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.Nandini Chittal i/b Mr.M.Janardhanan for the applicant Mr.D.A.Nalavade with Ms.Tulsi Dhani for the respondent no.2

CORAM

: K.K.TATED, J.

DATED : 11/01/2016 PC:

Heard the learned counsel for the applicant.

None for the respondent though duly served.

This application is preferred by plaintiff for condonation of 3 days delay in filing First Appeal challenging the judgment and decree dated 2.9.2014 passed by Bombay City Civil Court, Mumbai in S.C.Suit No.1427 of 2011 dismissing plaintiff's suit.

Considering the submissions made by the learned counsel for the Applicant and the averments in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Mohite 1/2

17 caf4057-14.doc present Civil Application. Hence, following order is passed:

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

"(a) This Hon'ble Court be pleased to condone delay of 3 days in filing the Appeal."

B) Civil application stands disposed off accordingly.

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