Nazma Adam Shah v. Jamil Abdul Razzak Tambe

Megha 70_cas_1910_2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1910 OF 2017 IN SECOND APPEAL (STAMP) NO.35648 OF 2016 Nazma Adam Shah ...Applicant

Versus

Jamil Abdul Razzak Tambe and Ors.

...Respondents

....

Mr. Sanskar Marathe, for the Applicant.

CORAM : ANIL S. KILOR, J.

DATED: 19th JANUARY, 2022 P.C.:- 1.

Heard Mr. Marathe, learned counsel for the Applicant. None for the Respondents though served.

2.

Mr. Marathe, learned counsel for the Applicant submits that there is a delay of 5 days in filing the Second Appeal challenging the judgment and decree dated 30/07/2016 passed by the learned District Judge-2, Ratnagiri. He further submits that the Applicant has shown sufficient reasons in the application, more particularly in paragraph Nos.2 and 3 of the application. He therefore prays that the delay caused in filing the second appeal may be condoned.

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Megha 70_cas_1910_2017.doc 3.

After going through the application, I have found that the Applicant has given sufficient cause and satisfactory reasons in the application, more particularly in paragraph Nos.2 and 3 of the application. Moreover, looking to the controversy involved in this appeal, in my opinion, liberal view needs to be adopted in this appeal. 4.

Accordingly, I pass the following order:-

ORDER

(i) The application for condonation of delay is allowed; (ii) The delay caused in filing Second Appeal is condoned. The office is requested to register the Second Appeal and place the same before the Court for admission on 09/02/2022.

(ANIL S. KILOR, J.) Digitally signed by MEGHA S PARAB Date:

2022.01.28 15:06:23 +0530 MEGHA S PARAB 2/2