Disposed

Mr. Tirathdas Jessaram Chawla (Since Deceased) Thr.Lrs. Chetan Tirathdas Chawla and Anr. v. Bombay Municipal Corporation of Greater Bombay

Bombay HC18 Sept 2021CAF/2175/2017

Case brief

AI extract

What is this about?

A single judge of the Bombay High Court considered an application for condonation of delay in filing a first appeal against a City Civil Court decree. The court found sufficient cause for the 68-day delay.

What did the court decide?

Condonation of a delay of 68 days in filing the first appeal.

What the court decided

Mr. Tirathdas Jessaram Chawla (Since Deceased)… — Civil Procedure and Limitation | Bombay HC (2021)

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1 46-CAF 2175-17 in FAST 31016-16.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.2175 OF 2017 IN

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FIRST APPEAL (ST) NO.31016 OF 2016

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Tirathdas Jessaram Chawla (Since deceaed through his legal heirs) Chetan Tirathdas Chawla & Anr. ... Applicants Vs.

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Bombay Municipal Corporation of Gr. Bombay … Respondent

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Mr. Sandeep V. Mahadik i/by Mr. Jayesh M. Joshi for applicants. Ms. Shilpa Redkar for respondent-MCGM.

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CORAM: ABHAY AHUJA J.

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DATE : 18TH SEPTEMBER, 2021

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P.C.:

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By this application, the applicants are seeking condonation of delay of 68 days in fling the appeal against the judgment and decree dated 8^th July, 2016 passed by the City Civil Court at Dindoshi in L.C. Suit No.1296 of 2003.

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MUGDHA M PARANJAPE

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Learned counsel for applicants draws the attention of this court to paragraph 7 of the application to explain the delay in fling the appeal. He submits that the delay has been on account of certain fnancial diffculties as well as ignorance of the legal procedures.

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Digitally signed by MUGDHA M PARANJAPE Date: 2021.09.21 12:21:15 +0530

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1 of 2

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Mugdha

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2 46-CAF 2175-17 in FAST 31016-16.odt

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Learned counsel for respondent-MCGM states on

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instructions that they only have a formal objection to the said application.

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Having heard learned counsel for parties and perused the reasons for the delay, this Court is satisfed that there is suffcient cause in the matter. The delay of 68 days is accordingly condoned.

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Civil Application stands disposed of.

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List the frst appeal for admission alongwith stay application on 05/10/2021.

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(ABHAY AHUJA, J.)

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Mugdha

Mr. Tirathdas Jessaram Chawla (Since Deceased) Thr.Lrs. Chetan Tirathdas Chawla and Anr. v. Bombay Municipal Corporation of Greater Bombay

Case brief

What is this about?

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What the court decided

Mr. Tirathdas Jessaram Chawla (Since Deceased) Thr.Lrs. Chetan Tirathdas Chawla and Anr. v. Bombay Municipal Corporation of Greater Bombay

Case brief

What is this about?

What did the court decide?

What the court decided

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