MERVYN JOSEPH CARDOZ (SINCE DECEASED) THR LRS AND ORS v. THE MUNICIPAL CORPORATION OF GREATER MUMBAI AND ORS
IA/6689/2026 · 2026-10-09
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17580 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17580 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
20-IA 6689-26 IN FA.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6689 OF 2026 IN FIRST APPEAL (ST) NO. 21022 OF 2026 Mervyn Joseph Cardoz (since Deceased) Thr Lrs And Ors ...Applicants/Appellants Versus The Municipal Corporation Of Greater Mumbai And Ors ...Respondents _______ Mrs. Poonam P. Madhwani a/w. Ms. Megha Chabdia, for Applicants/Appellants . Mr.Yash Momaya a/w. Mr. Risabh Dhanuka a/w. Ms. Vibha Joshi a/w. Zaki Ansari, a/w. Mr. Vamsh Shetty a/w. Mr. Shvanshu Chaudhary i/b. Dhanuka Law Offices, for Respondent Nos. 20 to 25. _______
CORAM:
AARTI SATHE, J. DATE:
09 OCTOBER 2026 P.C.:
1. Heard learned counsel for the parties on this Interim Application, which seeks condonation of a delay of two days in filing the Appeal.
2. There is no written opposition to the Application. Mr. Yash Momaya,
learned counsel appearing on behalf of Respondent Nos. 20 to 25, has vehemently opposed the Application orally. However, he does not dispute the well-settled principles of law laid down by the Supreme Court in a catena of judgments concerning condonation of delay. In particular, he does not dispute that, having regard to the facts and circumstances of the present case, as set out in the memo of Mane JYOTI RAJESH MANE Digitally signed by JYOTI RAJESH MANE Date: 2026.10.10 16:45:16 +0530
20-IA 6689-26 IN FA.DOC the Application, the Applicant ought not to be made to suffer or be rendered remediless in pursuing the Appeal.
3. In the aforesaid circumstances, having perused the memo of the Application and considering that the delay is only of two days, this Court is of the opinion that the reasons set out therein constitute sufficient cause and provide adequate justification for the delay in filing the Appeal. In the interest of justice, the delay deserves to be condoned.
4. The Interim Application is accordingly allowed in terms of prayer clauses (A) and (C).
5. The Interim Application stands disposed of in the above terms. No costs.
6. List the First Appeal on 23 December 2026.
(AARTI SATHE, J.) Mane