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Bombay High CourtCAW/2574/2015disposed off

Smt. Vasumati Bhogilal Shah And ORS v. Miss. Kavya Alok Shah, Through Mrs. Neha Alok Shah And ORS

2016-06-14Hon'Ble Shri Justice K.K. Tated2 pages

6 caw 2574-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2574 OF 2015 IN WRIT PETITION NO. 4483 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Maya Sarkar i/b Madhukar Mumin & Co. for the Applicant.

CORAM : K. K. TATED, J.

DATED : 14/06/2016 P.C.:

.

Heard learned Counsel for the applicant.

The learned counsel for the applicant submits that copy of Civil Application is already served on respondent original plaintiff. To that effect, applicant has filed affidavit of service dated 20.11.2015. The learned counsel for the applicant placed on record the photocopy of said affidavit of service. Same is taken on record and marked "X" for its identification.

This application is preferred by original defendant nos. 2, 3 and 4 for extension of time to file written statement as per order dated 08.05.2015 passed by this Court (Coram: M.S.Sonak, J) in Writ Petition No. 4483 of 2014.

Sneha Chavan 1/2

6 caw 2574-15=.doc The learned counsel for the applicant submits that there was delay on the part of the applicant to file written statement within stipulated time. Hence, applicant filed application dated 22.06.2015 in the Trial Court. At that time, the Trial Court taken on record the application as well as written statement and called say of other side. She further submits that the said application is pending as it is. The learned counsel for the applicant submits that applicant tried to file the written statement within stipulated time, but due to strike of the Advocate in the Trial Court, it is remained on their part to file the same.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Time to file the written statement as per order dated 08.05.2015 is extended till 30.06.2016. b) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2