Asha Ashokkumar Kapur And ANR v. Brihanmumbai Municipal Corporation And ORS

920-IA-1663-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1663 OF 2025 IN Digitally signed by SONALI MILIND PATIL Date:

2025.03.07 15:33:34 +0530 SONALI MILIND PATIL CIVIL REVISION APPLICATION (ST) NO.2978 OF 2025 Asha Ashokkumar Kapur & Anr.

...Applicants

Versus

Brihanmumbai Municipal Corporation & Ors.

...Respondents

Mr. Prasad Apte i/b. Mr. Arun Nile, or the Applicants. Mr. Ravindra Sirsikar and Mr. Rushikesh Bhagwat, for the Respondents.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

7th MARCH 2025 P. C.:

1.

This Interim Application is taken out for condonation of delay of 191 days in filing the Civil Revision Application. This Court by order dated 10th February 2025 issued notice to the Respondents.

2.

Learned Counsel appears for the Respondent No.1. The Respondent No.2 is deleted. As far as notice issued to Respondent No.3 is concerned, the affidavit of service dated 26th February 2025 has been filed, wherein it is stated that the Respondent No.3 refused to accept the service.

Sonali

920-IA-1663-2025.DOC 3.

None appears for the Respondent No.3.

4.

In the Interim Application filed for condonation of delay. It is stated that both the Applicants are senior citizens aged 76 years and 78 years respectively. The Applicant No.1 has been hospitalized in the month of January 2024 and that due to health issues, both the Applicants could not give instructions to the Advocate to proceed with the matter before the High Court early and therefore, there is delay in filing Civil Revision Application. 5.

The contentions raised in the Interim Application have remained uncontroverted.

6.

Accordingly, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clause (a). 7.

The Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] Sonali