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Bombay High CourtCAA/43/2018admittedallwdgrantedrule absolute

Ammara Firdos Abdul Azim And Another v. Abdul Azim Abdul Rahim

2018-10-17Hon'Ble Shri Justice V.M. Deshpande2 pages

caa43.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.43/2018 IN A. O. Stamp NO.14666/2018 Ammara Firdos Abdul Azim and anr. .vs. Abdul Azim Abdul Rahim _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. U. J. Deshpande, Advocate for applicants. Mr. M. N. Ali, Advocate for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 17, 2018 On this application for condonation of delay, notices were issued. Pursuant to the notices, Mr. Ali, Advocate appears. He vehemently opposes application for condonation of delay. However only orally, without filing any reply.

In that view of the matter, statement made on affidavit are remained uncontroverted. Therefore, after hearing learned counsel for the applicant and after having gone through the contents of the application, I am satisfied that the applicant has made out a case for condonation of delay.

In that view of the matter, the application is allowed. Delay is condoned. Office is directed to register the appeal.

The application is disposed of.

Appeal From Order Stamp No.14666/2018 Head Mr. Deshpande, learned counsel for the appellant.

caa43.18.odt Issue notice to the respondent.

Mr. Ali, Advocate waives notice for respondent.

Civil Application No.44/2018 This is an application for stay. By the impugned order, the Court below has directed the applicant-mother to hand over the custody of her son aged 5 years, her husband. This Court on 10.07.2018 (Coram: M. S. Karnik, J.) has already granted ad interim stay.

Today, Mr. Ali, Advocate for non applicant wants time to study the matter. Hence, put up this matter on 12.12.2018.

In the meanwhile, ad interim stay granted on 10.07.2018 to continue.

JUDGE kahale