Ashok Mahadeo Swant v. Krishnabai V. Shet And ANR

72 caf65-18.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.65 of 2018 IN APPEAL FROM ORDER (ST.) NO.29460 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.B.A.Lawate for the applicant Ms.Madhuri More for the respondent no.2 CORAM : K. K. TATED, J DATE : MARCH 22, 2019 P.C.:

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Heard.

Though Respondent no.1 is duly served, no one appeared on behalf of him when the matter was called out.

By this Civil Application, Applicant original defendant is seeking condonation of 122 days delay in filing Appeal from Order challenging the order dated 6.5.2017 passed by Bombay City Civil Court in Notice of Motion No.3103 of 2015 in L.C.Suit No.3364 of 2014.

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72 caf65-18.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay of 122 days in filing Appeal from Order is condoned.

b) Civil application stands disposed off accordingly.

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