Madhumati Sitaldas Idnani v. Rafiq Ahmed A. Qureshi And ANR

33.CAF1228_2012.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1228 OF 2012 IN FIRST APPEAL (St.) No. 7013 OF 2012 Ms. Madhumati Sitaldas Idnani ... Applicant Vs.

Rafiq Ahmed A. Qureshi & Anr.

... Respondents Mr. H.R. Pawar. Advocate for the applicant.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 23rd January, 2018.

P.C.:

This Application is moved for condonation of delay in filing the First Appeal.

2.

The learned counsel for the applicant submitted that respondent no. 1, who is the contesting party, is served by substituted service by publication. Respondent no. 2 is also served. The learned counsel submitted that there is a delay of 72 days in filing First Appeal. He submitted that the delay is not intentional and deliberate, hence the same be condoned.

3.

Though served, none present for respondent nos. 1 and 2. In view of the reasons mentioned in the Application, unconverted submissions are accepted. Delay of 72 days is condoned. 1 / 2

33.CAF1228_2012.doc 4.

First Appeal be numbered.

5.

Civil Application is allowed and is disposed of accordingly. 6.

Place the First Appeal for admission after 10 weeks. (MRIDULA BHATKAR, J.) 2 / 2