Mrs. Shamina Haji Mohammed Petiwala v. Mr. Asif Abedul Aziz Darvesh

10.CAAst.22963_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (St.) No. 22963 OF 2017 IN APPEAL FROM ORDER (ST.) No.22962 OF 2017 Mrs. Shamina Haji Mohammed Petiwala ... Applicant Vs.

Asif Abdul Aziz Darvesh ... Respondent Mr. D.K. Pandey, Advocate for the applicant.

Mr. Kishor Tembe, Advocate for the respondent. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 1st September, 2017.

P.C.:

This Application is moved for condonation of delay of 40 days in filing the Appeal.

2.

The submissions made by the learned counsel for the respondent that no good ground is mentioned in the entire application to condone delay, are correct. However, after going through paragraph 3 of the Application, which sound some explanation in respect of delay, I accept that there is no specific mention what is the sufficient cause to condone delay. From the arguments advanced by the learned counsel, what I gather is that the applicant could not file the Appeal from Order because adjournments were taken by the respondent in filing reply and the appellant was 1 / 2

10.CAAst.22963_2017.doc waiting for the same.

3.

Be that as it may, I allow the Application, as the period of 40 days in short. Delay is condoned.

4.

Civil Application is disposed of.

5.

Appeal from Order be numbered.

(MRIDULA BHATKAR, J.) 2 / 2