This judgment allows a Civil Application for condonation of delay in filing a First Appeal against a City Civil Court decree. The court satisfied itself regarding the applicant's case due to non-appearance of respondents.
Civil Application allowed; condonation of 364 days delay granted; applicant permitted to file First Appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
28 caf1026-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1026 OF 2014 IN FIRST APPEAL (ST) NO.12188 OF 2013
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr.Mohit Jadhav for the applicant
None for the respondents
CORAM : K.K.TATED, J. DATED : 11/02/2015
PC :
2 Though respondents are duly served, no one appeared on behalf of them when the matter was called out.
3 This application is preferred by original defendant no.3 for condonation of 364 days delay in filing First Appeal challenging the judgment and decree dated 23.2.2012 passed by Bombay City Civil Court at Dindoshi, Goregaon, (Borivali Division), Mumbai in S.C. Suit No. 1089 of 2004.
4 Considering the submissions made by the learned counsel for the Applicant and the
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Mohite
28 caf1026-14.doc
averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:
a) Civil Application is allowed in terms of prayer clause (a) which reads thus:
“(a) that the delay of 364 days for filing the present Appeal be condoned and that the Applicant be allowed to file the present Appeal.”
b) Civil Application is disposed of accordingly.
(K.K.TATED, J.)
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Mohite
1 issue framed by the court
Whether the delay of 364 days in filing the First Appeal requires condonation.
Original Defendant No.3
Respondents
K.K.TATED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
