Abdul Kadar Abdul Matin Siddique v. Sakinabi Abdul Matin Siddique And ORS

1 19-IA-17263-22.doc Digitally signed by WAKLE MANOJ JANARDHAN Date:

2024.02.03 12:44:07 +0530 WAKLE MANOJ JANARDHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17263 OF 2022 IN REVIEW PETITION STAMP NO. 1594 OF 2021 Abdul Kadar Abdul Matin Siqdique : Applicant Vs.

Sakinabi Abdul Matin Siddique & Ors.

: Respondents ------------ Adv. Sagar P. Batavia for the Applicant.

Adv. Devyani Kadam, for the Respondent Nos.1 to 3. Mr. Santosh Parad for the Respondent/MCGM.

------------ CORAM :

KISHORE C. SANT, J.

DATE :

1st FEBRUARY, 2024 P.C. :

1.

Heard the parties.

2.

This Application is filed seeking condonation of delay of 335 days caused in filing the Review Application. The order under review was passed on 20th January, 2020. This Application is filed on 19th January, 2021. It is submitted that for initial period the Applicant could not contact their lawyer. Since March, 2020, the National Pandemic started, in view of the Corona-2019 disease. The Application is filed immediately when lock down was rested for some time. Considering this, Court is inclined to allow Manoj

2 19-IA-17263-22.doc the Application.

3.

Learned Advocate for the Respondent vehemently opposes the Application stating that the Appellant only wants to prolong the matter. Though there was order directing to deposit costs of Rs.25,000/-. The same is not deposited till now. The Applicants are not thus coming with bona fide intention. Respondent has filed on record Affidavit-in-Reply. The same is taken on Record.

4.

The delay is therefore condoned subject to cost deposit of Rs.25,000/- with the office of this Court within a period of two weeks from today.

5.

Place the Review Application on board on 15th February, 2024. 6.

Application stands disposed of.

(KISHORE C. SANT, J.) Manoj