Shri. Asgarali Akbar v. Shri. Inamul Asahanul Haque (Dead)Org.Defendant-1-I)Smt.Musrat Farhad Jahan And ORS.

19(1) IA-9876-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by HUSENBASHA RAHAMAN NADAF Date:

2025.08.14 09:53:01 +0530 CIVIL APPELLATE JURISDICTION HUSENBASHA RAHAMAN NADAF INTERIM APPLICATION NO. 9876 OF 2025 IN FIRST APPEAL NO. 707 OF 2018 Asgarali Akbar ...Applicant In the matter between Asgarali Akbar ...Appellant

Versus

Inamul Asahanul Haque (dead) Org. Defendant through LRs 1.(i) Smt. Musrat Farhad Jahan And Ors.

...Respondents

*** Mr. Abhijit Singh for Applicant.

Mr. Sandeep Mahadik for Respondents.

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

DATE : 12th AUGUST, 2025 P.C. :

1.

Heard learned counsel for the parties.

2.

This is an application for restoration of the first appeal which is dismissed for default under order dated 30.04.2025. There is nominal delay of 21 days in filing the application. Learned counsel for Respondent has opposed the delay. No reply is filed. 3.

In view of the averments made in the application, sufficient cause is made out for delay condonation. Considering that the substantive first appeal was dismissed for default, case for restoration is also made out.

Husen

19(1) IA-9876-2025.doc 4.

Application is allowed. Delay is condoned. Dismissal under order dated 30.04.2025 is set aside and appeal is restored to file for hearing on merits.

(M.M. SATHAYE, J.) Husen