1 2341-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2341 OF 2010 IN FIRST APPEAL (STAMP) NO.15663 OF 2010 (BMC Vs. Sarwar) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.Anil Singh i/b.Mr.Vinod Mahadik, for applicant. Mr.P.J.Thorat, for respondent. CORAM : R.G.KETKAR, J. DATE : 23 rd JULY, 2010 P.C. This application is for condonation of delay of 137 days in filing the first appeal. 2] Heard Mr.Anil Singh, learned counsel for the applicant and Mr.P.J.Thorat, learned counsel for the respondent. 3] Mr.Thorat submits that the applicant has not properly explained the delay caused in filing the appeal. 4] The applicant has challenged the notice dated 5 th September, 2008 issued under Section 354A of the Mumbai Municipal Corporation Act, 1888. The learned trial judge decreed the suit in favour of the respondent. The only issue that requires to be gone into is whether the respondent has completed the construction despite service of notice under Section 354A of the Mumbai 2341-10.sxw 2 2341-10.sxw Municipal Corporation Act, 1888. Considering the controversy, in my opinion, the delay caused in filing the appeal deserves to be condoned and the matter requires to be decided on merit. 5] Civil Application is allowed in terms of prayer clause (a) with no order as to the costs. List the appeal for admission on 4 th August, 2010. [R.G.KETKAR, J.] 2341-10.sxw