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Bombay High CourtCAS/2188/2012allowed

Shri. Yasin Buvasaheb Shaikh v. Kamruddin Hasanshah Fakir

2016-11-23Hon'Ble Shri Justice R.D. Dhanuka1 pages

ppn 1 40.cas-2188.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2188 OF 2012 in SECOND APPEAL (ST.) NO.31682 OF 2012 Yasin Buvasaheb Shaikh & Ors.

..

Applicants Vs.

Kamruddin Hasanshah Fakir & Ors.

..

Respondents --- Mr.Drupad S. Patil for the Applicants.

None for the Respondents.

--- CORAM : R.D. DHANUKA, J.

DATE : 23rd November 2016 P.C.

.

Learned counsel appearing for the applicants states that the respondents are served. None appears for the respondents though served. No affidavit-in-reply is filed.

2.

By the civil application, the applicants seek condonation of delay of 110 days in filing the second appeal. 4.

I have heard the learned counsel for the applicants and have perused the averments made in the civil application. I am satisfied that the applicant has explained the delay in filing the second appeal. 5.

For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clause (b). No order as to costs. Place the second on board for 'Admission' as per CMIS date. R.D. DHANUKA, J.