Yunus Hasan Agwan v. Hajiyani Khatijabai Haji And ORS.

by JITENDRA SHANKAR NIJASURE Date:

2022.12.15 11:13:30 +0530 JITENDRA SHANKAR NIJASURE 15-ia-17040-2022.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17040 OF 2022 IN FIRST APPEAL NO.719 OF 2022 Mr. Yunus Hasan Agwan ...Applicant / Appellant No.3.

Versus

Hajiyani Khatijabai Haji & Ors.

...Respondents

---------- Mr. Mutahhar Khan i/b. Chowdhari Moinuddin for the Appellant / Applicant.

Mrs. K.C. Nichani for the Respondent in Appeal. ---------- CORAM : R.I. CHAGLA J.

DATE : 13TH DECEMBER, 2022.

ORDER :

1.

By this Interim Application, the Applicant has sought condonation of delay of 17 days in filing the Appeal. 2.

Upon perusing the averments in the Interim Application, and in particular paragraph 3 thereof, wherein it is stated that the Applicant has undergone cataract operation on 25th March, 2022 i.e. six days after the impugned judgment and order had been passed and 1/2

15-ia-17040-2022.doc there was delay in contacting the Applicant's Advocate for preparation of Memo of Appeal. Further, the averment in paragraph 4 of the Interim Application that, pursuant to the Application for certified copy made on 29th March, 2022, the certified copy was obtained on 30th March, 2022 and thus there is a delay of 17 days in filing the First Appeal, the relief sought for is required to be granted. Hence the following order:- (i) Delay of 17 days in filing the First Appeal is condoned. (ii) The First Appeal shall be taken on file. (iii) The Interim Application is accordingly disposed of. [R.I. CHAGLA J.] 2/2