Mehrunnissa Sheikh Abdul Rahim v. Rashidabai Allarakha And 12 Others

Megha 16_nma_278_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (APPEAL) NO.278 OF 2016 AND NOTICE OF MOTION (APPEALS) STAMP NO.3165 OF 2015 IN APPEAL (ST) NO.761 OF 2015 WITH NOTICE OF MOTION (APPEAL) LODGING NO.2060 OF 2016 IN APPEAL NO.442 OF 2016 WITH APPEAL (ST) NO.761 OF 2015 IN ARBITRATION PETITION NO.456 OF 2015 Rashidabai Allarakha & Ors.

...Applicants

Versus

Mehrunnissa Sheikh Abdul Rahim & Ors.

...Respondents

...

Ms Usha Gadagkar i/b. Diamondwala and Co. for the Appellants in APP/442/2016.

Mr. Prasad Dhakephalkar, Senior Advocate with Mr. Jainish Jain for the Appellant in APPL/761/2015.

Mr. Sagar S. Tambe i/b. Hussein and Co. for Respondent Nos.2 and 3 in APP/442/2016 and Respondent Nos.12 and 13 in APPL/761/2015. CORAM : A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 5th DECEMBER, 2016.

P. C. :

In view of the fact that the appeal was already finally heard Megha 1/2

Megha 16_nma_278_2016.doc by the earlier Bench, the learned counsel for Respondent Nos.1 to 11 states that the Respondents have no objection to condone the delay. The notice of motion is opposed by the learned counsel for Respondent Nos.12 and 13.

2.

The order dated 25th February, 2016 passed by the earlier Division Bench shows that the appeal was in fact finally heard and the judgment was reserved. Thereafter, there is a further order passed on 22nd April 2016 directing that the Appeal (Lodging) No. 761 of 2016 alongwith Appeal (Lodging) No.159 of 2016 (Appeal No.442 of 2016) shall be heard finally.

3.

Accordingly, we find that all the parties proceeded on the footing that delay in preferring the appeal was condoned. Perhaps only a formal order of condonation of delay was not passed. 4.

Accordingly, the notice of motion is made absolute in terms of prayer clause (a). Place both the appeals on 19th December, 2016. (ANUJA PRABHUDESSAI, J.) (A.S. OKA, J.) Megha 2/2