Smt. Tohernissa Mohd. Naseem Ansari v. Shri. Nandkumar Laxman Sade And ORS.

24-CRA-593-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.593 OF 2025 Tohernissa Mohd. Naseem Ansari ...Applicant

Versus

Nandkumar Laxman Sade & Ors.

...Respondents

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.12.16 21:23:28 +0530 ARJUN VITTHAL KUDHEKAR _______________________________________________________________ Mr. Azizuddin Khan i/b H. P. Pandey, for the Applicant. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 15 DECEMBER 2025 P.C.:

1.

Heard Mr. Khan, learned Counsel appearing for the Applicant. 2.

Mr. Khan, learned Counsel, submits that the ex-parte decree was passed on 7th March 2020 and that an Application under Order IX Rule 13 of the Code of Civil Procedure, 1908, for setting aside ex-parte decree was filed on 24th February 2022. He submits that, due to COVID-19 pandemic, the Supreme Court had suspended the limitation period from 15th March 2020 till 28th February 2022 and consequently, Marji Application filed is within limitation. 3.

Accordingly, in view of this submission, issue notice to the Respondents, returnable on 9th February 2026. 4.

In addition to the Court notice, the Applicant to serve the Respondents by private service and shall file affidavit of service before the returnable date.

24-CRA-593-2025.doc 5.

Parties are put to notice that, subject to the convenience of the Court, the Civil Revision Application will be heard finally at the admission stage.

6.

Till next date, the eviction decree shall not be executed. [MADHAV J. JAMDAR, J.]