Mr. Abdul Rajjak Ibrahim Shaikh (Since Dead Through Legal Heirs) Sou. Aaliya Ijaj Shaikh And ANR. v. Mr. Shafi Ibrahim Shaikh

Megha 44_caf_4375_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4375 OF 2018 IN REJECTED CASE NO.1952 OF 2018

1. Abdul Rajjak Ibrahim Shaikh (since dead through legal heirs ) 1A Sou. Aaliya Ijaj Shaikh and Anr.

....Applicants V/s.

Shafi Ibrahim Shaikh ....Respondent ...

Mr. Milind Prabhune I/b. Mr. Sarang S. Aradhye for the Applicant. None for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th AUGUST, 2019.

P.C.:­ By this application, the Applicant has sought to condone the delay in filing application for restoration of the First Appeal, registration of which was refused for non compliance of conditional order dated 17th September, 2018.

2.

The learned counsel for the Applicant has drawn my attention to paragraph 10 of the application, wherein it is stated that due to inadvertence on the part of the clerk of the Advocate, objections remained to be removed. He undertakes to remove all the office Megha 1/2

Megha 44_caf_4375_2018.doc objections within a period of two weeks. In the light of the said statement and in view of the reasons stated in paragraph 10 of the application, which in my considered view constitute sufficient cause, application is allowed. The appeal is restored and be registered subject to removal of the office objections and same be listed for admission on 27/8/2019.

(SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Megha Parab Date:

2019.08.08 17:30:51 +0530 Megha Parab Megha 2/2