- (1.) 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 At the outset, it deserves to be mentioned that the respondent had withdrawn one of the three appeals filed before the High Court and, as such, the impugned order makes a reference to the two appeals only.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 structures were taken for road widening were allowed to construct mezzanine floor in the remaining portions of their respective properties and were also allotted alternative accommodation in the new building but they were not given similar benefit. The appellants further pleaded that they had entered into development agreements with Shamji D. Shah and Popatbhai Baghbhai Bharwad for developing the property and they will construct market for and on behalf of the Corporation. They prayed for issue of a direction to the respondent to provide shops in the market proposed to be constructed on C.T.S. No.997, Near Purnapragya High School, Bharucha Marg, Dahisar (E), Bombay.;