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Bombay High CourtIA/1537/2026disposed off

Sadaf Uzair Khan v. Uzair Ahmed Khan And ORS

2026-05-06Hon'Ble Justice Smt Manjusha Ajay Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVIEW APPLICATION NO. 1 OF 2026 WITH INTERIM APPLICATION NO. 1537 OF 2026 IN WRIT PETITION NO. 3297 OF 2024 Sadaf Uzair Khan ...Applicant

Versus

Uzir Khan and Anr.

...Respondents

Mr. Rimpal Trivedi a/w. Ms. Harshida Bhanushali and Mr. Hardik Gajra, for the Petitioners.

Mr. A.A. Ansari, Advocate for Respondent No.1. Mrs. Sharmila S. Kaushik, APP for the Respondent - State.

CORAM:

MANJUSHA DESHPANDE, J.

(IN CHAMBER) DATED:

6th MAY, 2026.

PC:- 1.

The Applicant in the Review Application as well as in the Interim Application No. 1537 of 2026 is original Petitioner, in Writ Petition No. 3297 of 2024.

2.

The Writ Petition No. 3297 of 2024 has been disposed of by this Court vide order dated 9th December, 2025, remanding the matter back to the Metropolitan Magistrate 54th Court, Mazgaon, Mumbai, with a direction to the Petitioner as well as Respondent No.2 therein to file afresh affidavit of Assets and Liabilities as Digitally signed by RAJESHRI PRAKASH AHER Date:

2026.05.07 18:14:53 +0530 early as possible, preferably within a period of three months from RAJESHRI PRAKASH AHER the date of the said order.

3.

Respondent No. 2 in the Writ Petition had filed Interim Application No. 38 of 2026 seeking extension of time to file afresh affidavit of Assets and Liabilities. The said application was disposed of by this Court vide order dated 7th March, 2026, granting eight days time to the parties to file the fresh affidavit of Assets and Liabilities. The present application is filed by the original Petitioner seeking extension of time for further period of eight days to file the affidavit of Assets and Liabilities from the date of this order.

4.

It is submitted by the learned Advocate for the Applicant that when the order dated 7th March, 2026 was passed, she was not informed that the matter had been circulated and, therefore, she could not remain present. Consequently, she was unable to file the affidavit of Assets and Liabilities within the extended period. It is further submitted that the delay in filing the affidavit is purely unintentional.

5.

The learned Advocate for the Applicant further submits that although eight days extension was sought for compliance with the order directing to file the affidavit of Assets and Liabilities, she has been informed that the learned Magistrate may not be available to hold Court. It is also submitted that the next date before the trial Court is 29th May, 2026.

6.

Considering the said submission, it would be appropriate to permit the Applicant to file the affidavit of Assets and Liabilities on or before 29th May, 2026.

7.

The learned Advocate for Respondent No. 1 does not oppose the prayer for extension of time.

8.

The Interim Application stands disposed of.

REVIEW APPLICATION NO. 1 OF 2026 The present Review Application has been filed by the original Petitioner. The learned Advocate for Respondent No. 1 seeks time to file a reply to the Review Application. At his request, list the matter in the second week of June, 2026.

(MANJUSHA DESHPANDE, J.)