ssm sm sm 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.120 OF 2008 APPLICATION NO.120 OF 2008 APPLICATION NO.120 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL (STAMP) NO.29873 OF 2007 APPEAL (STAMP) NO.29873 OF 2007 APPEAL (STAMP) NO.29873 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms.Manjiri Shah with Mr.R.S.Raymond for the Applicants. Mr.P.J.Thorat for Respondent No.1. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 11th June, 2008 : 11th June, 2008 : 11th June, 2008. P.C. P.C. P.C. . This is a Civil Application for condonation of about 1348 days delay. 2. Affidavit of service is filed on record. There is no reply to oppose the same. In view of the averments made in paragraph No.8 which is reproduced as under:- 8. The impugned consent decree was passed on 26th ( 2 ) February, 2004. An application for certified copies thereof was filed on 26th February, 2004. The certified copy of the Roznama was ready on 10th March, 2004. The certified copy of the Roznama was delivered on 11th March, 2004. The Appellants took out the Notice of Motion No.1393 of 2004 (39 days) on 6th April, 2004. The Notice of Motion was dismissed on 9th August, 2007. Certified copy of the Judgment and Decree was applied for on 13th August, 2007/ 16th August, 2007 (7 days) total 46 days. Certified copy was ready and delivered on 8th October, 2007 and the present appeal is filed before 25th November, 2007 (total 90 days). Adding the period during which the Notice of Motion for setting ( 3 ) aside the impugned consent order was prosecuted bonafide in the Trial Court and the Appeal now filed today is in time under Article 116 read with Section 14(1) of the Limitation Act. In any event and out of abundant caution the Appellants will seek condonation of delay in filing the First Appeal." and as sufficient case is made out, I am granting this Application in terms of prayer clause (a). Liberty is granted to the Applicant to apply for other prayers. 3. Appeal be listed for admission after due registration. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]