Uma Manoranjan Amersey v. Leena Rustom Dalal

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.05.10 17:32:10 +0530 MUGDHA MANOJ PARANJAPE 1 1-IA 3974-23 in APP(L) 33490-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3974 OF 2023 IN APPEAL (L) NO.33490 OF 2023 IN NOTICE OF MOTION NO.3120 OF 2011 IN SUPT NO.3056 OF 2009 Uma Manoranjan Amersey ... Applicant/Appellant (Original Plaintiff) In the matter of Uma Manoranjan Amersey ... Appellant (Original Plaintiff) V/s.

Leena Rustom Dalal ... Respondent (Original Defendant) Mr. Rohan Cama a/w Abhishek Dubey i/by M/s. Economic Laws Practice for the Applicant.

Ms. Shivani Prasad i/by Jayakar & Partners for the Respondent. CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE : 10th MAY 2024 P.C. :

By the present Interim Application, the Applicant seeks condonation of delay in filing of the captioned Appeal.

2 1-IA 3974-23 in APP(L) 33490-23.doc 2.

Ms. Shivani Prasad, learned counsel appearing on behalf of the Respondent most fairly does not oppose the Application for condonation. The same is thus allowed in terms of prayer clause (a), which reads as under :- "(a) This Hon'ble Court be pleased to allow the present Interim Application and condone the delay, if any occurred in filing the captioned Appeal;"

3.

In view of the above, the Interim Application is disposed of accordingly.

4.

Subsequent to passing of the order, on a query from the Court as to the nature of the dispute and as to whether the parties were sisters, the Court was informed that the parties were sisters and the dispute now pertaining to a building called 'Greenfields', while most of the other disputes had been resolved. In view of the above, it was put to the learned counsel as to why the disputes could not be resolved by mediation. Both learned counsel submitted that they were not averse to the same, but would take necessary instructions from their respective clients.

3 1-IA 3974-23 in APP(L) 33490-23.doc 5.

List the Appeal under the caption 'for admission' in regular course.

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