Mohammed Anwar Khan Rafique Khan v. The Municipal Corporation Of Greater Mumbai And ANR.

6-ia-14370-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14370 OF 2024 IN FIRST APPEAL NO. 1246 OF 2013 Mohammed Anwar Khan Rafique Khan .. Applicant In the matter between Zaibunnissa Mohammed Rafique & Ors.

.. Appellants

Versus

The Municipal Corporation of Greater Mumbai & Anr.

.. Respondents Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2024.11.18 10:33:24 +0530 Mr.Dishang Shah i/b. P. M. shah for the Applicant. ASHVINI BAPPASAHEB KAKDE Ms. Vidya Vyavahare for Respondent-BMC.

CORAM:

FIRDOSH P. POONIWALLA, J.

DATE:

14 NOVEMBER 2024, 2024 P. C.

1.

This Application has been filed for condoning the delay of 35 days in filing the Application and for restoring First Appeal No.1246 of 2013, which was dismissed by an order dated 24th June 2024 of this Court for non prosecution.

2.

The Application is vehemently opposed by the learned Advocate appearing on behalf of Respondent No.1-Municipal Corporation. Ashvini Narwade

6-ia-14370-2024.doc 3.

I have perused the contents of the Interim Application. In my view sufficient cause has been has been made out in the Application for condonation of delay and restoration of the Appeal. 4.

In these circumstances, the delay of 35 days in filing this Interim Application is condoned.

5.

First Appeal No.1246 of 2013 is restored to the file of this Court. 6.

Interim order dated 8th October 2013 to be continued till the disposal of the Appeal.

7.

Interim Application disposed of. There will be no order as to costs.

[FIRDOSH P. POONIWALLA, J.] Ashvini Narwade