Interim Order 1

Order Details: Order on Exhibit
Pdf Text: 1 (Ord) in exhibit 8 in Rev.Appln.No.129 of 2022
IN THE COURT OF SMALL CAUSES AT BOMBAY
(BANDRA BRANCH)
(APPELLATE COURT)
Order below exhibit 8
In
Revision Application No.129 of 2022
In
MARJI Application No.59 of 2021
In
RAN Standard Rent Application No.4/SR of 2015
The President/Chairman
The Girls High School, Andheri .... Applicant
Applicant in Marji
Appln./Orig.
Respondent in
RAN
Versus
Mrs.Seema Sadashiv Powar …. Respondent
Orig.Respondent in
Marji Appln./Orig.
Applicant in RAN
Advocates appeared :
M/s.A.V.Jain Associates, Advocate for Applicants.
Coram : M. S. Pathan,
Addl. Chief Judge
&
A.S.Atre,Judge
C.R. No.31
Date : 23.01.2023
O R A L O R D E R
(Per M. S. Pathan, Addl. Chief Judge)
This application has been filed by the revision petitioner
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2 (Ord) in exhibit 8 in Rev.Appln.No.129 of 2022
to convert the said Revision into the Misc.Appeal. It is submitted
that, inadvertently, the Revision has been filed when, it ought to have
been filed as Misc.Appeal. Heard the learned counsel for the
applicants. Perused the record. No doubt, the Revision was filed
earlier. However, later on, the applicants have realized the said
mistake, and now, come with a case that, they want to proceed under
the Misc. Appeal instead of Revision. True, the conversion could be
made, and this is settled throughout.
2. The learned counsel for the applicants further submitted
that, since they are intending to prefer an appeal, for the limitation is
of 30 days, and now, by this time, it has been expired. Therefore,
they are going to move a MARJI Application seeking delay
condonation. Therefore, in such circumstance, they are allowed to
move such application. In view of this, the application is allowed.
The Revision Application No.129 of 2022, is converted to
Misc.Appeal. Accordingly, intimate to the Process Department for
necessary registration or stamping, as per Rule.
I agree
(A.S.Atre) (M.S. Pathan)
Judge Additional Chief Judge
Court Room No.31. Court Room No.31
Dt.23.01.2023 Dt. 23.01.2023
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