Zainab Rafiullah Shaikh v. Puthenveedu Joseph Mathew And 2 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 02 OF 2019 IN APPEAL (L) NO. 518 OF 2019 Zainab Rafiullah Shaikh ..Applicant.

Versus

Labh Singh Daya Singh & Ors.

..Respondents.

AND INTERIM APPLICATION NO. 02 OF 2019 IN APPEAL (L) NO. 519 OF 2019 AND INTERIM APPLICATION NO. 02 OF 2019 IN APPEAL (L) NO. 520 OF 2019 Zainab Rafiullah Shaikh ..Applicant.

Versus

Puthenveedu Joseph Mathew & Ors.

..Respondents.

__________ Mr. Priyank Kapadia i/b. Mr. Pramod N. Tambe, Advocate for Applicant in all Interim Applications in all Appeals. Ms. Tanmayi Rajadhyaksha a/w. Dinesh Parmar i/b. DSR Legal, Advocate for Respondent No.1 in I.A.No.02/19 in Appeal (L) No.518/2019 & 520/2019.

Ms. Bhagyashri Mangale, for Respondent No.3 in Appl No.518/2019, for Respondent No.1 in Appl. No. 519/2019 and 520 of 2019.

__________ CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 05th DECEMBER, 2019.

PC :

1.

Today the matter is shown on production board pursuant to the praecipe dated 04/12/2019 filed by the learned counsel for the applicant.

2.

Heard the learned counsel for the parties.

3.

By this interim application, the applicant is seeking condonation of 81 days delay in filing Appeal challenging the common impugned order dated 4th and 5th July, 2019 passed by the learned Single Judge in Notice of Motion No.302 of 2013 in Suit No.695 of 2012 and Notice of Motion No.987 of 2014 in Suit No.717 of 2013. 4.

Learned counsel appearing on behalf of the respondent No.1 submits that she requires some time to file affidavit in reply with copy to other side.

5.

Considering this fact, following order is passed. a) The applicant is directed to serve all the respondents by private notice by RPAD and/or by hand delivery along with entire proceeding and to file affidavit of service on or before 13/12/2019.

b) The respondent No.1 to file affidavit-inreply, if any, on or before 12/12/2019 with copy to other

side.

c) If affidavit of service is filed in time, the matter to appear on board on 19/12/2019, otherwise as per CMIS date.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) -----