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2012 Supreme(SC) 285

G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
Maniben Devraj Shah – Appellant
Versus
Municipal Corporation of Brihan Mumbai – Respondent


JUDGMENT

G. S. Singhvi, J. — Whether the cause shown by Municipal Corporation of Brihan Mumbai (for short, the Corporation) for condonation of 7 years and 108 days delay in filing appeals against judgments and decrees dated 2.5.2003 passed by the City Civil Court (hereinafter referred to as the trial Court) in L.C. Suit Nos. 2726, 2727, 2728 of 1999 was sufficient cause within the meaning of Section 5 of the Limitation Act and the learned Single Judge of the Bombay High Court was justified in condoning the delay is the question which arises for consideration in these appeals.

2. At the outset, it deserves to be mentioned that the respondent had withdrawn one of the three appeals filed before the High Court and, as such, the impugned order makes a reference to the two appeals only.

3. The appellants filed suits for grant of a declaration that notices issued by the Corporation under Section 314 of the Mumbai Municipal Corporation Act, 1888 (for short, the Act) for demolition of the properties specified in the plaints are illegal and not binding on them. They pleaded that the action taken by the Corporation is discriminatory and liable to be annulled because some persons whose st



























































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