Rukhsana Barodawala, W/O Lat Mr. Attar Barodawala v. Maharukh Mediomah Patel, D/O. Sorab Keki Engineer

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.64 OF 2021 Maharukh Mediomah Patel ..

Applicant Vs.

Ruksana Barodawala & Anr.

..

Respondents ALONG WITH INTERIM APPLICATION NO.1323 OF 2021 IN CIVIL REVISION APPLICATION (ST.) NO.7757 OF 2021 Ruksana Barodawala ..

Applicant Vs.

Maharukh Mediomah Patel.

..

Respondent ...

Mr. Kashmira Bharuch for the applicant in Civil Revision Application No.64 of 2021.

Mr. Gaurav Srivastav with Mr. Gayatri Sharma i/b M/s. S.K. Srivastav for respondent No.1 in Civil Revision Application No.64 of 2021 and for the applicant in Interim Application No.1323 of 2021.

...

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CORAM

: SMT. BHARATI DANGRE, J.

DATED : 14TH DECEMBER, 2021.

P.C:- INTERIM APPLICATION NO.1323 OF 2021.

1.

By the present application, the applicant seeks condonation of delay of 42 days in filing the revision application, assailing the judgment and order dated 21/09/2019 passed by the City Civil Court at Mumbai.

2.

Heard learned counsel for the applicant and perused the application. The application sets out reasons justifying the delay and ground Nos.(c) to (i) set out the reasons for delay. Recourse is also taken to the order passed by the Apex Court in Suo Moto Writ Petition No.3 of 2020 on 27/03/2020, where the period of limitation in the proceedings was extended with effect from 15/03/2020.

3.

The delay beings sufficiently explained and found to be bonafide, I am inclined to condone the same. Interim Application No.1323 of 2021 is made absolute in terms of prayer clause (a).

3/3 32 CRA-64.21.odt 4.

Registry is directed to register Civil Revision Application (Stamp) No.7757 of 2021.

CIVIL REVISION APPLICATION NO.64 OF 2021.

5.

On an affidavit being filed, learned counsel for the applicant seeks time to file rejoinder.

6.

Time of four weeks is granted to the applicant to enable her to do the needful. List both the civil revision applications on 01/02/2022.

7.

The order of status quo granted on 11/02/2020 shall continue to remain in force till the next date of hearing. 8.

Learned counsel for the applicant in Civil Revision Application (St.) No.7757 of 2021 has invited my attention to a notice received by the occupants/tenants by MHADA on 10/12/2021 thereby putting a proposal for rehabilitation and, therefore, an inspection of documents is scheduled on 16/12/2021. Needless to state that in pursuance of the said notice, the occupants/tenants shall render their cooperation to the MHADA.

[SMT. BHARATI DANGRE, J.]