Shri. Esmail Ebrahim Dhariwala v. Shri. Hamid Nanu Qureshi (Deceased) Through Legal Heirs.1-Shri.Sharif Hamid Qureshi And ORS.

37-1530-2016-CAF=.doc Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.08.03 13:28:27 +0530 Uday S. Jagtap UDAY SHIVAJI JAGTAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1530 OF 2016 IN FIRST APPEAL (ST.) NO. 35627 OF 2015 Esmail Ebrahim Dhariwala .. Applicant Vs.

Hamid Nanu Qureshi (deceased) Thr. LRs. Sharif Hamid Qureshi & Ors.

.. Respondents .....

Ms. Fatema Tankiwala i/b L.J. Law for the applicant Ms. Rebecca Almcida i/b Dr. D.S. Hatle for the respondent nos.1 to 6 .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 1st AUGUST, 2023 P.C.

1.

This is an application seeking condonation of 197 days delay in preferring the appeal on the ground that due to ill-health, the appellant could not give instructions in the matter and file the appeal.

2.

The Medical Certificate annexed with the application at Exh.A. depicts that the applicant was diagnosed with Cancer. It is

37-1530-2016-CAF=.doc stated that the applicant is aged about more than 75 years. 3.

Learned Counsel for the respondent objects the prayer. 4.

However, considering the reasons given in the application supported with the certificate given by Dr. Anantpal Singh, the delay is not deliberate but it appears to be bona fide. Hence, the application is allowed in terms of prayer clause (a). The delay is condoned.

5.

The application is disposed of with no order as to costs. 6.

Registry is directed to number the appeal.

7.

List the appeal on 29th August, 2023 under the caption "For Admission".

(PRITHVIRAJ K. CHAVAN, J.)