Allowed an application for condonation of delay in filing a first appeal due to sufficient reasons, imposing exemplary costs of Rs. 10,000.
Application allowed for condonation of delay subject to payment of costs of Rs. 10,000; appeal listed for admission.
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caf-5646-07
pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 5646 OF 2007 IN
FIRST APPEAL STAMP NO. 24789 OF 2007
Smt. Madhubai Laxman Kakade and ors.
.. Applicants
Vs.
Yeshwant Samaj Kalyan Sahakari Grih Rachana Sanstha Maryadit and ors.
.. Respondents
Mr. K. Y. Mandlik i/by Legasis Partners for applicants. Mr. S.S. Patwardhan for respondent no.1.
CORAM: B. H. MARLAPALLE & SMT.NISHITA MHATRE, JJ.
OCTOBER 13, 2011.
P.C.
Heard.
In filing First Appeal under Stamp No. 24789 of 2007, there is a delay of 223 days and, therefore, this application for condonation of the same.
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caf-5646-07
Respondent no.1 - Yeshwant Samaj Kalyan Sahakari Grih Rachana Sanstha Maryadit was the original plaintiff and it has not opposed this application by filing an affidavit-in-reply.
We have perused the grounds set out in the application and we are satisfied that the delay so caused deserves to be condoned as good and sufficient reasons have been made out for the same but by imposing exemplary costs.
Hence, the application is allowed in terms of prayer clause (a) subject to payment of costs quantified at Rs.10,000/- and to be deposited with the Registry of this court within a period of two weeks from today. The respondent no.1 – society may apply for withdrawal of the said amount on its deposit with the Registry of this court.
Let the appeal be listed for admission on 11/11/2011.
(SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)
1 issue framed by the court
Whether the delay of 223 days in filing a civil appeal warrants condonation.
B. H. Marlapalle
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
