Mohammad Babibur Rahman S/O Abdul Rahman v. Misbahur Rahman S/O Late Sayeedur Rahman (Dead) Thr. Lrs. Anjum Banu Wd/O Misbahur Rahman And Other

Order 12 cas 527-2020 in sa st 12828-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.527/2020 IN SECOND APPEAL (ST.) NO.12828/2019 Mohammad Habibur Rahman s/o Abdul Rahman (dead) through LR's Moinur Rahman Shaikh s/o Late Habibur Rahman and others.

-VERSUSMisbahur Rahman s/o Late Sayeedur Rahman (dead) Smt Anjum Banu wd/o Misbahur Rahman and others.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

CORAM : S.M. MODAK , J.

DATE : JULY 28, 2021.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Though respondent nos. 1-a to 1-c, 2, 3 and 5 served, they have not appeared. Respondent no.4 is unserved.

3.

There is delay of six days in preferring the second appeal. The reasons have been given in paragraph nos.4 and 5 of the application. They are convincing. Hence, the delay of six days is condoned.

4.

The Civil Application is allowed and disposed of.

Order 12 cas 527-2020 in sa st 12828-2019 SECOND APPEAL (ST.) NO.12828/2019 Already notices are issued on the condonation of delay application and respondent nos.1-a to 1-c, 2, 3 and 5 are served. But they have not appeared. Today, the condonation of delay application is allowed.

2.

Issue notice before admission to respondent no.4, returnable on 13/08/2021.

3.

If subsequently Court finds that fresh notices are required for other respondents, necessary order will be passed.

JUDGE R.S. Sahare