Sayed Ahmed Hussain Thr. Poa. Sayed Mohammad Hasan Ahmed Hussain v. Seema Abdul Hamid Attarwala And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11115 OF 2025 IN APPEAL FROM ORDER (ST) NO. 20489 OF 2025 Sayed Ahmed Hussain Thr. Poa. Sayed Mohammad Hasan Ahmed Hussain ... Applicant Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.09.08 19:09:37 +0530 MANGALTAI JAYWANT JADHAV Vs.

Seema Abdul Hamid Attarwala And Others ... Respondents Mr. Rajendra Singh a/w Sayed Masoom a/w Sharif S. Khan for the Applicant.

Mr. Ram Upadhyay a/w Krishna Gupta i/b Law Competere Consultus for Respondent No.1.

CORAM : GAURI GODSE, J.

DATED : 3rd SEPTEMBER 2025 ORDER:

INTERIM APPLICATION NO.

11115 OF 2025 1.

This application is for condonation of delay of 30 days in filing the appeal.

2.

Notice was issued only to respondent no.1- original plaintiff, who is the contesting party.

3.

Learned counsel for respondent no.1 has tendered an affidavit-in-reply to oppose condonation of delay. Page no. 1 of 3

4.

I have perused the application for condonation of delay and the reply. The applicant has explained the reasons for the delay in paragraphs (a) and (b) thereby stating the particulars of applying and receiving certified copies. The applicant has contended that in view of the intervening summer vacation, the advocate was out of station and therefore there was some delay in filing the application. 5.

Learned counsel for the respondent has raised objections regarding the particulars of the application for certified copies and the actual delivery.

6.

A perusal of the application shows that all the necessary particulars regarding applying and receiving certified copies are mentioned. The reasons for delay is explained in paragraphs (b) and (c) of the application. I see no reason to disbelieve the grounds raised in the application. Considering that the delay is of 30 days, the reasons in the application are sufficient and acceptable. 7.

For the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause (a). APPEAL FROM ORDER (ST) NO.

20489 OF 2025 8.

Learned counsel for respondent no.1 seeks two weeks' time to file compilation of documents.

Page no. 2 of 3

9.

The compilation of documents to be filed within two weeks with an advance copy for the learned advocate for the appellant. 10.

List the appeal on 24th September 2025.

11.

To be listed under the caption 'for fresh admission'. (GAURI GODSE, J.) Page no. 3 of 3