Ryberg Cyril Cosmas Henriques v. Kashmira Eruch Billimoria

36 IA-9665-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date: 2025.07.15 12:40:43 +0530 INTERIM APPLICATION NO. 9665 OF 2025 HUSENBASHA RAHAMAN NADAF IN FIRST APPEAL (ST) NO. 20702 OF 2022 Ryberg Cyril Cosmas Henriques ...Applicant

Versus

Kashmira Eruch Billimoria

...Respondent

**** Mr. Rishikesh Soni a/w. Ms. Janhavi Waze, Advocates i/b. Ashok Purohit & Co., for Respondent.

Mr.Ivor Peter D'Cruz a/w. Mr. Pierre Fernandes & Ms. Elaine Fargose, Advocates for Applicant.

**** CORAM : M.M. SATHAYE, J.

DATE : 14th JULY, 2025 P.C. :

1.

Heard learned counsel for the parties.

2.

This is an Application for condonation of delay. According to office note itself, the delay is of 1 day. Perusal of the order dated 28.01.2025, under which the Applicant was permitted to convert earlier Appeal from Order into present First Appeal, shows that the delay in filing Appeal from Order was condoned and the application was allowed and time was granted for removal of office objections. No reply is filed to the application opposing the delay condonation. 3.

Considering the extent of delay and in view of the averments made in the application as well as order dated 28.01.2025 permitting conversion, sufficient cause is made out. The Application is allowed. Delay is condoned.

(M.M. SATHAYE, J.) Husen