Nurjahan Mohmmad Hussain Shaikh v. Smt. Hasina Rafiq Shaikh

DNKale 1/2 55-CAS-30-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.30 OF 2015 IN SECOND APPEAL (ST) NO.15504 OF 2014 Nurjahan Mohmmad Hussain Shaikh ...

Applicant

Versus

Smt. Hasina Rafiq Shaikh ...

Respondent .....

Mr. Pankaj Das for the Applicant.

.....

CORAM : S.C.GUPTE, J.

DATE : 17 FEBRUARY 2017 P.C. :

1.

This Civil Application seeks condonation of a delay of 47 days in filing the present Second Appeal. The application is duly served on the Respondent. None, however, appears for the Respondent. The reasons for this delay are stated in paragraph 3 of the Civil Application. In terms of the statements made in paragraph 3 of the Application, which the Respondent does not join issue with, the Applicant has made out a case for condonation of the delay. Accordingly, the Civil application is allowed in terms of prayer Clause (A). Office shall now number the Second Appeal. 2.

The Appeal shall appear on board for admission on 27 March 2017. Issue notice to the Respondent, returnable on that day. The Applicant is

DNKale 2/2 55-CAS-30-2015.doc also permitted to effect a private service on the Respondent and file an affidavit of service by the next date.

(S.C.GUPTE, J.)