Full Order Text
Order 1 · 23 Jan 2023 · CNR MHSCA30014622022
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 -- 1 of 2 -- 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 -- 2 of 2 --
