Daar Ul Rehmat Trust (Thr. Chairman/Secretary) And ANR. v. Shri. Sayed Munawwar Ali Ashik Ali And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1173 OF 2016 IN SECOND APPEAL (STAMP) NO.34396 OF 2015 WITH CIVIL APPLICATION NO.1174 OF 2016 IN SECOND APPEAL (STAMP) NO.34398 OF 2015 Daar Ul Rehmat Trust & Anr.

...Applicants vs.

Shri Sayed Munawwar Ali & Ors.

...Respondents

....

Mr. Usman A. Kohir, for the Applicants.

Mr. Saurabh Oka,for Respondent Nos. 1 to 3.

Mr. Yogesh Dabke, AGP, for Respondent No.4.

.......

CORAM : S.C. GUPTE, J.

DATED : 10 MARCH 2017 P.C. :

.

Heard learned Counsel for the parties.

2.

Civil Application No.1173 of 2016 is for condonation of delay of 1 year and 189 days in filing the present Second Appeal. The Respondents oppose this application. The reason for delay, as stated in the Civil Application, is that the Applicants/Appellants were pursuing the remedy of a review before the lower Appellate Court for all these days.

sg 2/2 cas1173-16.doc On this ground, the delay is condoned and the office is directed to number the Second Appeal and place the same for admission on 4 April 2017. The Second Appeal is already served on all Respondents. Learned Counsel for the Respondents waives further service. Civil Application No.1173 of 2016 is disposed of accordingly.

( S.C. GUPTE, J. )