FARAD CONTINUATION SHEET NO. 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 APPELLATE JURISDICTION C.A.NO.1064 OF 2007 IN F.A.ST. NO.3633 OF 2007 ----------------------- ----------------------------------------------- OFFICE NOTES, OFFICE MEMORANDUM OF CORAM, APPEARANCES, COURT’S COURT’S OR JUDGES ORDERS ORDERS OR DIRECTIONS AND REGISTRAR’S ORDERS. ---------------------------------------------------------------------- Ms. Nisha Dabhade for the B.M.C. CORAM : A.S. OKA, J. DATE : SEPTEMBER 12, 2007. P.C. P.C. P.C. 1. Heard Advocate for the applicant. None appears for the respondents though notice is served. Sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). (A.S. OKA, J.) FARAD CONTINUATION SHEET NO. 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 APPELLATE JURISDICTION F.A.ST. NO.3633 OF 2007 ----------------------- ----------------------------------------------- OFFICE NOTES, OFFICE MEMORANDUM OF CORAM, APPEARANCES, COURT’S COURT’S OR JUDGES ORDERS ORDERS OR DIRECTIONS AND REGISTRAR’S ORDERS. ---------------------------------------------------------------------- Ms. Nisha Dabhade for the BMC. CORAM : A.S. OKA, J. DATE : SEPTEMBER 12, 2007. P.C. P.C. P.C. 1. Admit. Printing is dispensed with. 2. Time of eight weeks is granted to remove all office objections. If all the office objections are not removed within the stipulated time, the Appeal will stand dismissed for want of prosecution without further reference to the Court. 3. Private paperbook along with Decree Form shall be filed by the Appellant within a period of one year from today. If compliance is not made within stipulated time, the Appeal shall stand dismissed for want of prosecution without further reference to the Court. (A.S. OKA, J.) FARAD CONTINUATION SHEET NO. 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 APPELLATE JURISDICTION C.A.NO.1065 OF 2007 IN F.A.ST. NO.3633 OF 2007 ----------------------- ----------------------------------------------- OFFICE NOTES, OFFICE MEMORANDUM OF CORAM, APPEARANCES, COURT’S COURT’S OR JUDGES ORDERS ORDERS OR DIRECTIONS AND REGISTRAR’S ORDERS. ---------------------------------------------------------------------- Ms. Nisha Dabhade for the B.M.C. CORAM : A.S. OKA, J. DATE : SEPTEMBER 12, 2007. P.C. P.C. P.C. 1. Heard learned Advocate for the applicant.This appeal arises out of an order passed by the Court of Small Causes in an appeal under Section 217 of the Mumbai Municipal Corporation Act,1988. Considering the nature of the impugned order, grant of stay will amount to granting final relief. Hence, prayer for stay cannot be granted. Application for stay is accordingly rejected. It is however, made clear that the adjustment made as per the impugned Judgment and Order will be subject to final outcome of the appeal. (A.S.OKA, J.)