Final Order 1

Order Details: Other
Pdf Text: MHCC010050082023 Received on :: 06.05.2023
Registered on :: 13.06.2023
Decided on :: 17.07.2023
Duration :: Y-00:M-02:D-11:
Exhibit ::
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
COMMON ORDER
IN
MISC.APPLICATION NO.127 OF 2023
TO
MISC.APPLICATION NO.147 OF 2023
(CONDONATION OF DELAY)
1. Shri.Mevalal Kanhaya Gupta,
2. Smt.Sunanda Sudhakar Ingale,
3. Shri.Shaikhchand Fattu Shaikh,
4. Shri.Santosh Shirwadkar,
5. Shri.Kishore Shinde,
(through Legal heir Usha K.Shinde),
6. Shri.Arvind Gaikwad (Deceased)
(through legal heir wife- Shanta Arvind
Gaikwad),
7. Shri.Sudarshan Zharkhandy Gupta,
8. Shri.Vikas Vishnu Shirsath,
9. Bhimabai Pathare,
10. Shri.Duby Kailashnarayan Umashankar,
11. Shri.Popat Jadhav,
12. Shri.Markandey Mahendra Tiwari,
13. Smt.Chaya Bansode,
14. Smt. Savari Sarju Yadhav,
15. Smt.Vandana Jayram Gaikwad,
16. Shri.Ashok Panjge,
17. Shri.Pravin Shirke,
18. Shri.Umesh Gaikwad,
19. Shri.Rakesh Kumar Yadav,
20. Shri.Siddharth Vikas Shirsat,
21. Shri.Santosh Bhosle.
… Applicants
In
All 21 matters
In
Misc.Application
No.127/2023
To
Misc.application
No.147/2023
respectively.
Versus
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:Page 2 of 4: COMMON ORDER IN M.A.Nos.127/23 To 147/23
The Union of India,
Through Divisional Engineer (LM),
Central Railway, Administration.
... Respondents
for all applicants.
CORAM :: H.H.THE PRINCIPAL JUDGE
SHRI. A.SUBRAMANIAM(C.R.No.19)
DATED :: 17th JULY, 2023
Ld.Adv. Mayur Sapkale for applicants.
Ld.Adv. L.K.Tripathi for Respondents.
COMMON ORDER
1. By the present applications, the applicants are praying for
condonation of delay in preferring the appeals against the order
passed by the learned Estate Officer.
2. All 21 Misc.Applications are disposed off by common order which
contains similar facts and legal questions.
3. It is the case of the applicants that there is delay of 6 or 11 days
as the case may be (considering that it is common order in all 21
matters). There was public holidays and hence few days were lost
therein. Considering the period of delay, there was no malafide
and hence sufficient cause is made out.
4. Applications are opposed by the respondents by contending that
sufficient cause is not made out. The matter is delayed
purposefully to delay the proceedings and have gained from such
delay. Hence, application be rejected.
5. Heard both sides. Considered the submissions.
6. From the record, it is apparent that the delay is of few days and
not an extra ordinary delay. The applicants herein are roadside
vendors or petty shop keepers against whom the eviction
proceedings are initiated. There is bulk of other matters involving
same issues pending in this Court. Considering the circumstances
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:Page 3 of 4: COMMON ORDER IN M.A.Nos.127/23 To 147/23
assigned, just and reasonable cause is made out to condone the
delay and in such circumstances I am inclined to condone the
delay and pass the following order.
O R D E R
1. Misc.Application Nos.127 of 2023 to 147 of 2023 are allowed.
2. Delay in preferring appeals are hereby condoned.
3. Office to register the appeals.
4. Appeals be placed on 26.07.2023..
5. The interim orders granted to continue till 26.07.2023
6. Misc.applications are disposed off accordingly.
7. Copies of this order be kept in Misc.Application Nos.128/2023 to
147/2023.
17/07/2023
(A.SUBRAMANIAM)
PRINCIPAL JUDGE,
CITY CIVIL COURT, MUMBAI.
(JO CODE MH01711)
Dictated on
Transcribed on
Signed by HHJ on
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17/07/2023
18/07/2023
18/07/2023
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:Page 4 of 4: COMMON ORDER IN M.A.Nos.127/23 To 147/23
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18/07/2023 2.35p.m. B.R.HATEKAR (S.G.)
Name of the Judge HH THE PRINCIPAL JUDGE
SHRI A.SUBRAMANIAM (CR No.19)
Date of Pronouncement of Judgment/Order. 17.07.2023
Judgment/order signed by P.O on 18.07.2023
Judgment/order uploaded on 18.07.2023
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