Tayyab Mainuddin Mujawar v. Salamabai Jafar Kazi (Died)

Sr. No. 44 CAS 895 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 895 OF 2018 IN SECOND APPEAL (ST.) NO. 28574 OF 2017 Tayyab Manuddin Mujawar & Anr.

... Applicants Vs Salamabi Jafar Kazi Since deceased through Lrs ... Respondents Mr. P.G. Chavan, Advocate for Applicants.

Mr. S.R. Moray i/b. V.S. Talkute, Advocate for Respondents No. 1A to F, 2, 3, 4 & 5.

CORAM : SANDEEP K. SHINDE J.

DATE : August 9 th , 2019 P.C. :

1.

It is an application for condonation of 121 days delay, occurred in preferring Second Appeal against the decree dated 18.02.2017 passed in Regular Civil Appeal No. 198 of 2012. 2.

Heard learned counsel for the parties.

3.

The application is opposed vehemently by the respondents. In paragraph no. 5 of the application, the applicant has shown sufficient cause, which prevented him from preferring the appeal within Prachi Potdar 1/2

Sr. No. 44 CAS 895 of 2018.doc permissible period against the Judgment and Decree passed in Regular Civil Appeal No. 198 of 2012.

4.

The application is therefore allowed in terms of prayer clause ('a') and disposed of accordingly. List the Second Appeal for admission as per CMIS date.

(SANDEEP K. SHINDE, J.) Prachi Potdar 2/2