Mr. Paresh Govardhandas Shah v. Mrs. Rupal Paresh Shah

35-cas2075-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2075 OF 2015 IN SECOND APPEAL (STAMP) NO.23906 OF 2013 Paresh G. Shah ...Applicant V/s.

Ms.Rupal P. Shah

...Respondent

Ms.Rupali Rajani for the Applicant.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 7TH DECEMBER, 2016.

P.C. :- 1.

Learned counsel appearing for the applicant states that the respondent has been duly served. None appeared for the respondent, though served. No affidavit in reply has been filed. 2.

By this civil application, the applicant seeks condonation of delay of 1 year and 80 days in filing the second appeal. I have heard the learned counsel for the applicant and have perused the averments made in the civil application. In my view, the applicant has satisfactorily explained the delay of one year and 80 days in filing the second appeal.

3.

I therefore, pass the following order :- 1/2

35-cas2075-15 a).

For the reasons recorded aforesaid, the civil application is made absolute in terms of prayer clause (a). The delay of one year and 80 days is condoned.

b).

No order as to costs.

c).

The applicant is directed to remove all the office objections, if any, within one week from today. (R.D. DHANUKA, J.) 2/2