usj IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.5578 OF 2008 APPLICATION NO.5578 OF 2008 APPLICATION NO.5578 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL (ST.) NO.26135 OF 2008 APPEAL (ST.) NO.26135 OF 2008 APPEAL (ST.) NO.26135 OF 2008 Balbir Kaur Bhurjee Since deceased through her LRs 1. Trilok Singh Bhurjee & Anr. ..Applicants Vs. The Municipal Corporation of Greater Bombay ..Respondent ...... Mr. Vinod Mahadik for Respondent-BMC ...... CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 5TH FEBRUARY, 2009 : 5TH FEBRUARY, 2009 : 5TH FEBRUARY, 2009 P.C. P.C. P.C. 1. This is an application for condonation of 109 days delay in filing the First Appeal against the judgment and order passed by the City Civil Court, Mumbai arising out of Section 351 of Bombay Municipal Corporation Act, 1888. 2. Considering the averments made and as case is made out and in the interest of natural justice, I am inclined to grant this application, though opposed by the respondent subject to costs of Rs.1,000/- to be ( 2 ) paid to the respondent-Corporation within one week, as condition precedent. 3. The application is accordingly allowed. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)