Sai Enclave Cooperative Housing Society Ltd. v. M/S. Shivram Builders And ORS.

1 901.4302.15 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4302 OF 2015 IN FIRST APPEAL (ST) NO. 34720 OF 2014 Sai Enclave Cooperative Housing Society .....Applicant Ltd.

V/s.

M/s. Shivram Builders 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.

Office note shows that Civil Application is dismissed against respondent nos. 1 & 2 vide Registrar (Judicial - II) order dated 05/01/2017. Hence, Registry is directed to make appropriate noting in First Appeal that same stand dismissed against respondent nos. 1 & 2.

2 901.4302.15 caf.doc Though other respondents are duly served, no one appeared on behalf of them when the matter is called out. By this Civil Application, applicant-original plaintiff is seeking condonation of 30 days delay 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. 3354 of 2005. 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 in filing the First Appeal is condoned. (II) Civil Application stands disposed of accordingly. (III) No order as to costs.

[K. K. TATED, J.]