Shaikh Farida Nayeem v. Abdul Majid Yusufkhan And Others

19-cas1606-14 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1606 OF 2014 IN SECOND APPEAL (STAMP) NO.19959 OF 2014 Shaikh Farida Nayeem ...Applicant V/s.

Abdul M. Yusufkhan & Ors.

...Respondents

Mr.Irfan A. Shaikh for the Applicant.

Mr.Y.G. Thorat i/b Mr.Ashok Tajane for Respondent Nos.1 to 4 and 5-A to 5-D.

Ms.Anamika Malhotra for the Respondent No.6.

CORAM : R.D. DHANUKA, J.

DATE : 26TH AUGUST, 2016.

P.C. :- 1.

By this civil application, the applicant seeks condonation of delay of 2 years and 98 days in filing the second appeal. No affidavit in reply has been filed by the respondents though served. 2.

I have heard the learned counsel for the parties and have perused the civil application. The applicant has given sufficient reasons for explaining the delay in filing the second appeal. The applicant was not aware of the order passed by the lower appellate Court. For the reasons recorded in the civil application, the delay of 2 1/2

19-cas1606-14 years and 98 days in filing the second appeal is condoned. The applicant is directed to remove all the office objections within two weeks from today. If all the office objections are removed within the stipulated period, place the second appeal on board for admission on 26th September, 2016.

3.

The civil application is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2