Sahebrao Shivram Shinde v. Shankarlal Motilal Mutha

923-cas-668-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.668 OF 2017 IN SECOND APPEAL (ST) NO.30647 OF 2016 Sahebrao Shivram Shinde ...Appellant

Versus

Shakarlal Motilal Mutha

...Respondent

---------- Ms. Smita Gaidhani, Adv. for the Applicant.

None for the Respondent.

---------- CORAM :

A. A. SAYED, J.

DATE : 31 OCTOBER, 2017 P. C.:

1.

This is an Application for condonation of delay of 119 days in filing Second Appeal.

2.

Learned counsel for the Applicant has pointed out the order dated 18th January 2017 in Civil Application 1224/2016 in Second Appeal (ST) No.4585/2016 and connected matters, wherein in respect of similar subject matter and same parties, this Court by aforesaid order condoned the delay in Second Devendra 1/2

923-cas-668-2017.doc Appeal subject to the cost of Rs.15,000/- in three Civil Applications.

3.

In these circumstances, the present Civil Application is allowed in terms of prayer Clause (a) subject to the cost of Rs.5000/- to be paid by the Applicant to the Respondent within a period of four weeks from today.

4.

List the Second Appeal after numbering for admission alongwith CAS/1224/2016 in SAST/4785/2016, CAS/1226/2016 in SAST/2601/2016 and CAS/1228/2016 in SAST/3547/2016.

[A. A. SAYED, J.] Devendra 2/2