(Kurian Joseph and R. Banumathi, JJ.)
Municipal Corporation of Greater Mumbai ________________ Appellant
v.
Mohammed Ashraf Abdul Karim Kapadia ______________ Respondent
Civil Appeal No. 10865 of 2017 [@ Special Leave Petition (C) No. 31660 of 2016], decided on August 25, 2017
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. The first appeal before the High Court was dismissed on the ground that there was a delay of 34 days in filing the appeal by the appellant-Municipal Corporation of Greater Mumbai.
3. Having gone through the affidavit filed for condonation of delay and having heard both the parties, we are of the view that the delay was liable to be condoned. Hence, the delay in filing the appeal before the High Court is condoned.
4. The High Court is directed to take the appeal on record.
5. In view of the above, this civil appeal is disposed of.
6. No costs.
Petition(s) for Special Leave to Appeal (C) No(s). 31660/2016
Municipal Corporation of Greater Mumbai ______________ Petitioner
v.
Mohammed Ashraf Abdul Karim Kapadia _____________ Respondent
Date : 25-08-2017 This petition was called on for hearing today.
(Before Kurian Joseph and R. Banumathi, JJ.)
For Petitioner(s) Mr. Atul Yeshwant Chitale, Sr. Adv.
Ms. Suchitra Atul Chitale, AOR
Ms. Shivangi Khanna, Adv.
Mr. Pravin V. Naik, Adv.
Ms. Tanvi Kakar, Adv.
For Respondent(s) Mr. S. M. Jadhav, Adv. For M/s. S.M. Jadhav And Company
(Appearance slip not given)
UPON hearing the counsel the Court made the following
Order
7. Leave granted.
8. The appeal is disposed of in terms of the signed non-reportable Judgment.
9. Pending interlocutory applications, if any, stand disposed of.
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