Sushma Sukumar Samanta v. Jayabala Wd/O Ashok Suryakant Zaveri Lh Of Ashok Suryakant (Since Deceased) And 2 ORS.

by LAXMIKANT GOPAL CHANDAN Date:

2024.04.17 16:41:21 +0530 LAXMIKANT GOPAL CHANDAN 1 (18) IA-936.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.936 OF 2024 IN APPEAL (L) NO.8745 OF 2024 IN EXECUTION APPLICATION NO.602 OF 2022 IN SUIT NO.3204 OF 2009 Sushma Sukumar Samanta : Applicant/Appellant (Orig. Plaintiff) In the matter between Sushma Sukumar Samanta : Appellant (Orig.Plaintiff) Vs.

Ashok Suryakant (since deceased)

1. Smt. Jayabala wd/o. Ashok : Respondents.

Suryakant Zaveri and ors.

(Orig. Defendants) ----- Mr. Ditendra Mishra for the Applicant/Appellant. Smt. Jayabal Zaveri - Respondent No.1 present in person. Mr. Brijal Zaveri - Respondent No.2 present in person. ----- CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE : 16th APRIL 2024

2 (18) IA-936.24.doc P.C. :

1.

By the captioned Interim Application the Applicant/Appellant seeks condonation of delay of a period of 50 days in filing the captioned Appeal.

2.

This Court by previous order dated 22nd March 2024 issued notice to the Respondents. Respondent Nos. 1 and 2 appear in person and do not oppose. Even otherwise, we have perused a copy of the Interim Application and find that the delay has been sufficiently explained and is not inordinate, and therefore, in the interest of justice we find it fit to condone the same. The captioned Interim Application is thus allowed in terms of prayer clause (a) which reads thus :- "(a) That this Hon'ble Court be pleased to condone the delay of 50 days in filing the present appeal against the order dated 24-01-2024 passed by the Ld. Single Judge in the above execution application."

3.

Affidavit in Reply dated 15th April 2024 filed on behalf of the Respondents is taken on record.

3 (18) IA-936.24.doc 4.

The captioned Interim Application is accordingly disposed of.

(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)