The Municipal Corporation Og Greater Mubmai v. Shri Sunil Ramesh Shitap

1 17.343. caa.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 343 OF 2018 IN APPEAL FROM ORDER (ST) NO. 32429 OF 2017 The Municipal Corporation of Greater Mumbai .....Applicant V/s.

Shri. Sunil Ramesh Shitap .....Respondent Mrs. Madhuri More for the applicant CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard the learned counsel for the applicant.

Advocate for the applicant submits that respondents are duly served by private notice alongwith entire proceedings. She undertakes to file affidavit of service within two weeks from today. Same is accepted.

2 17.343. caa.doc By this Civil Application, applicant is seeking condonation of 11 days delay in filing Appeal from Order challenging the order dated 26/09/2017 passed by City Civil Court, Mumbai in Notice of Motion No. 2358 of 2017 in L.C. Suit No. 1416 of 2017. Considering the submissions made by the learned counsel for the applicant and the averments made in the Civil Application, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order:

(I) Delay of 11 days in filing Appeal from Order is condoned.

(II) Civil Application stands disposed of.

(III) No order as to costs.

[K. K. TATED, J.]