Mrs. Kamala Doreswamy v. M/S Samta Builders And ORS

11 caf2580-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2580 OF 2013 IN FIRST APPEAL (ST) NO.32785 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.R.V.Sipahimalani for the applicant Ms.Smruti Rasal i/b M/s.Narayanan and Narayanan for the respondent no.2

CORAM

: K.K.TATED, J.

DATED : 09/04/2015 PC:

Heard the learned counsel for the parties.

Though respondent nos.1 and 3 are duly served no one appeared on behalf of them when the matter was called out.

Advocate for respondent no.2 filed their Affidavit-in-Reply. Same is taken on record. This application is preferred by original plaintiff for condonation of 16 days delay in filing First Appeal challenging the judgment and decree dated 14.8.2012 passed by Bombay City Civil Court, Mumbai in Special Civil Suit No.1559 of 2010.

Mohite 1/2

11 caf2580-13.doc The learned counsel for the respondent no.2 vehemently opposed the present Civil Application. She submits that applicant has not shown sufficient cause for condonation of delay.

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:

i) Delay of 16 days in filing First Appeal is condoned.

ii) Civil application stands disposed off accordingly.

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