Sai Enclave Cooperative Housing Society Ltd. v. Mr. Sursh Shankar Mestry And ORS.

1 901.4303.15 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4303 OF 2015 IN FIRST APPEAL (ST) NO. 34718 OF 2014 Sai Enclave Cooperative Housing Society .....Applicant Ltd.

V/s.

Mr. Suresh Shankar Mestry and others .....Respondents Mrs. Manjiri S. Parasnis for the applicant CORAM :

K. K. TATED, J.

DATE :

APRIL 11, 2019.

P.C.

Heard the learned counsel for the applicant.

By this Civil Application, applicant-original plaintiff is seeking condonation of delay of 59 days in filing the First Appeal challenging the Judgment and Decree dated 29/09/2014 passed by City Civil Court, Dindoshi at Mumbai in S.C. Suit No. 1605 of 2009. 3 Office note shows that Civil Application is dismissed against

2 901.4303.15 caf.doc respondent nos. 6, 10 & 11 vide order dated 05/01/2017 and against respondent no. 3 abates as per order dated 17/11/2016 passed by the learned Registrar (Judicial-II). Hence, Registry is directed to make appropriate noting in First Appeal i.e. First Appeal stand dismissed against respondent nos. 3, 6, 10 & 11. Considering the submissions made by the learned counsel for the applicant and averments made in Civil Applications, I am satisfied that applicant has made out case for allowing Civil Application. Hence, following order.

(I) Delay of 59 days in filing the First Appeal is condoned. (II) Registry to make appropriate noting in First Appeal memo that appeal against respondent nos. 3, 6, 10 & 11 stand dismissed. (III) Civil Application stands disposed of accordingly. (IV) No order as to costs.

[K. K. TATED, J.]