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Bombay High CourtCAS/30/2022disposed off

Shri Mubarak/Hamidulla Abdulrehman Momin, v. 1.Illaeatulla/Hidaytulla Abdulrehaman Momin And ORS.

2024-02-16Hon'Ble Justice Sharmila U. Deshmukh2 pages

2024:BHC-AS:7913 sa_mandawgad 21cas30-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.30 OF 2022 IN SECOND APPEAL NO.79 OF 2013 Mubarak/Hamidulla Abdulrehman Momin ... Applicant.

Versus

Illaeatulla/Hidaytulla Abdulrehaman Momin and Ors.

... Respondents.

--- Mr. Ajay Raje Nimbalkar i/by Mr.S.S.Patwardhan, for Applicant. Ms.Pallavi A. Karanjkar h/f. Mr. Sandeep Koregave, for the Respondent Nos.1, 2 and 4.

---

CORAM

: SHARMILA U. DESHMUKH, J.

DATE : FEBRUARY 16, 2024 P. C.:

1.

Civil Application has been preferred to set aside the abatement qua the Respondent No.3 and for condonation of delay of 2 years 135 days caused in preferring the Civil Application and to substitute the address of Respondent No.3 in the cause-title. Learned counsel appearing for the Applicant submits that as per the order of this Court, the Respondent No.3 has been duly served. Today, none appears for the Respondent No.3. Learned counsel for the Applicant submits that the conditional order dismissing the 1/2

21cas30-22 Appeal qua Respondent No.3 came to be passed as the new address of the Respondent No.3 was not known and as such, the Respondent No.3 could not be served. He submits that subsequently, he has found the new address of the Respondent No.3 and the present application has been filed, although after a delay of 2 years 135 days.

2.

The conditional order was passed as the Respondent No.3 was not served by the Applicant. The Applicant has given sufficient reason for not serving the Respondent No.3, as he was not aware of the new address of the Respondent No.3.

3.

For the reasons above, the conditional order dated 22nd July, 2024 passed by the Registrar Judicial (II), is recalled and the delay caused in filing the present Application is condoned. The abatement qua the Respondent no.3 is set aside. The Appellants are permitted to amend the Appeal and substitute the address of the Respondent No.3.

4.

Civil Application stands allowed.

( Sharmila U. Deshmukh, J.) 2/2 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 17/02/2024 15:43:26