Md. Umar Aminuddin Ansari Since Deceased Through Legal Heirs And ORS v. Rajendra Shamkarlal Ostwal And ORS

34-IA-10956-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10956 OF 2024 IN SECOND APPEAL(ST) NO. 12008 OF 2024 Md. Umar Aminuddin Ansari Since Deceased Through Legal Heirs And Ors ...Applicants

Versus

Rajendra Shamkarlal Ostwal And Ors

...Respondents

__________ Mr. Anilkumar Patil, a/w Zeel Jain, Digvijay A. Patel, for the Applicant.

Mr. N. R. Bubna, for Respondent No. 1.

__________ CORAM :

ADVAIT M. SETHNA, J.

DATE :

17 DECEMBER 2025 P.C.:

1.

Heard Mr. Patil, learned counsel appearing for the Applicant/Appellant and Mr. Bubna, learned counsel appearing for Respondent No. 1.

2.

None appears for Respondent No. 2, despite service, as stated by the learned counsel for the Applicant. He would also states that a copy of this proceedings have been duly furnished to Respondent No. 2. It appears that despite service, today none appears for Respondent No. 2.

3.

This Interim Application is filed seeking condonation of delay of 90 days in preferring the Second Appeal. The reasons for such Mayur

34-IA-10956-2024 (C).doc delay have been specifically set out in paragraph 3 of the Interim Application. A perusal of the said averments indicates that sufficient cause has been shown and the delay has been appropriately explained. The said delay does not appear to be intentional or deliberate.

4.

For the reasons as noted above and in the interest of justice, it would be just and proper to condone the delay of 90 days and allow the said application for condoning such delay. 5.

Interim Application is accordingly disposed of in the above terms.

[ADVAIT M. SETHNA, J.] Mayur