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Bombay High CourtCA/4972/2016delay condonatedrejected

Rehanbee Asharaf Shah And ANR v. Murtujabee Gul Hamin Shaikh And ANR

2023-09-12Hon'Ble Shri Justice Kishore C. Sant2 pages

(1) 16ca4972.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO.4972 OF 2021 IN FAST/9869/2016 REHANBEE ASHARAF SHAH AND ANR

VERSUS

MURTUJABEE GUL HAMIN SHAIKH AND ANR Mr. M. M. Bhokarikar, Advocate for the applicant Mr. Jeevan R. Patil, Advocate h/f Mr. A. G. Kanade, Advocate for the applicants CORAM : KISHORE C. SANT, J.

DATE: 12th SEPTEMBER, 2023 P. C.

1.

This is an application for condonation of delay of 162 days. The appeal is by the claimants for enhancement. 2.

Learned advocate for respondent No.2 vehemently opposes the application stating that there is no sufficient reason mentioned in the application. There is nothing to show that the appellant was prevented from approaching this court earlier within limitation.

(2) 16ca4972.16 2.

Since the delay is of 162 days and is caused for the reasons stated in the application, this court finds that same deserves to be condoned. In view of the same, the application stands allowed. The delay stands condoned.

3.

Office to register the first appeal.

[KISHORE C. SANT, J.] VishalK/16ca4972.16