Rahimtullah Jmanullah Ustad v. Imdad Jamanullah Ustad

1 4.1.19 IA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1 OF 2019 IN CIVIL APPLICATION (ST) NO. 6194 OF 2018 Rahimtullah Jmanullah Ustad and others .....Applicants V/s.

Imad Jamanullah Ustad and others .....Respondents Mr. Bhushan Walimbe for the appellant Ms. Saima Ansari i/b Mr. Momin Bukhari for respondent nos. 2, 3, 4A, 4B and 4C.

CORAM :

NITIN W. SAMBRE, J.

DATE :

FEBRUARY 4, 2020.

P.C.

By this Interim Application, Applicant is praying for condonation of delay and setting aside the abatement. 2] Learned counsel Ms. Ansari appears for proposed LR's of respondent no. 1 and opposed the prayer.

2 4.1.19 IA.doc 3] For the reasons assigned in the application, delay of 1 year and 265 days stands condoned. The abatement is set aside. Applicant is permitted to bring on record LR's of respondent no. 1 on record. Amendment to be carried out forthwith. Application is allowed. 4] Learned counsel Ms. Ansari waives for proposed LR's in Second Appeal.

5] Learned counsel for the appellant submits that entire papers will be furnished to counsel for respondent during the course of the day.

[NITIN W. SAMBRE, J.]