1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 219 OF 2010 IN APPEAL (L) NO. 596 OF 2008 IN NOTICE OF MOTION NO. 1905 OF 2008 IN SUIT NO. 1305 OF 2004 Devshi Narayan Makwana .. Appellant Vs Ajinkyatara Co-operative Housing Society Ltd .. Respondent Mr. K.M. Sangani for the Appellant CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. DATE : 5th February, 2010 P.C.: 1. Heard. 2. In filing the Appeal under lodging No. 596 of 2008, there is a delay of 44 days and hence, this Motion for condonation of the same. 3. The Respondent – Original Defendant (Society) has been served as per the affidavit of service placed on record. None appears for the Respondent. 4. We have perused the affidavit in support of the Motion and we are satisfied that the delay deserves to be condoned. 3.NMA219.10 2 5. The Motion is made absolute in terms of prayer clause (a). 6. The Appeal to be listed after two weeks and the learned counsel for the Appellant to issue fresh notice to the Respondent. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 3.NMA219.10