Mrs. Meena Akhtar Rizvi v. Birender Singh S/O Sardar Mahal Singh And 11 ORS.

APPL. 444-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 444 OF 2015 IN NOTICE OF MOTION No. 1355 OF 2013 IN SUIT No. 2959 OF 2005 WITH NOTICE OF MOTION No. 1334 OF 2015 Mrs. Meena Akhtar Rizvi ...

Appellants / Applicants Vs.

Birendra Singh s/o Sardar Mahal Singh & Ors.

...

Respondents *** Mr. Mahesh Mishra, for the Appellants / Applicants Mr. D. A. Athavale, for Respondent No. 1.

*** CORAM : V. M. KANADE, M. S. KARNIK, JJ.

DATE : MARCH 21, 2016 PC.

1.

Leave to amend is granted. Liberty is granted to the parties to apply for fixed date of hearing.

2.

It appears that though appeal is admitted, inadvertently, the delay which was caused in filing the appeal is not condoned. The delay of 83 caused in filing the appeal is therefore condoned for the 1 / 2

APPL. 444-15 reasons stated in paragraph 8 of the affidavit in support of the motion. Notice of Motion No. 1334/2015 is accordingly allowed and disposed of in terms of prayer clause (a).

Sd/- Sd/- [M. S. KARNIK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2