Mrs.Zubeda Wazir Ali v. Mrs.Ruksana Abbas Ali And ORS.

32-CAF 482 of 2018 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 482 OF 2018 IN FIRST APPEAL (ST) No. 22302 OF 2017 Mrs. Zubeda Wazir Ali ..Applicant Vs.

Mrs. Ruksana Abbas Ali and Ors.

..Respondents ----- Mrs. D.S. Retiwala for Applicant Mr. Rajesh Singh for Respondent Nos.1 and 2 ----- CORAM :

SHRI K.K. TATED, J.

DATE :

MAY 02, 2019 P.C.:

1.

Heard learned counsel for the parties.

2.

Learned counsel for the Applicant submits that they have already served Respondent Nos.1 and 2 by private notice and filed affidavit of service to that effect. The same is on record. 3.

By this civil application, the applicant is seeking condonation of 167 days' delay in filing the First Appeal challenging the judgment and decree dated 7th January, 2017 passed by the Trial Court in Suit No. 765 of 2015.

4.

Considering the submissions made by the learned counsel for the appellant and the averments made in the First Appeal, I am satisfied that the Applicant has made out a case for allowing this civil application. Hence, following order:

32-CAF 482 of 2018

ORDER

(A) Delay in filing the First Appeal is condoned. (B) Civil Application stands disposed of accordingly. (C) No order as to costs.

[ K.K. TATED, J.] Tikam