Civil Application for condonation of delay in filing a first appeal. The court noted the uncontroverted delay of three months and six days, held that a case was made out, and consequently allowed the application disposing of it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE CIVIL JURISDICTION
CIVIL APPLICATION NO. 743 OF 2004
IN
FIRST APPEAL (St.) NO. 3426 OF 2004
Maulana Qari Ali Hasan Khan Qadri...Appellant.
Versus
Abdul Majeed Abubaker Pareikh & Ors.....Respondents.
Mr. N. N. Shah for the Appellant.
None for the Respondents.
CORAM : ANOOP V. MOHTA, J.
DATED : 13TH DECEMBER, 2005.
P. C.:
None appears for the respondents, though served.
Appellant to file affidavit of service within one
week.
2. Considering the averments made in this application
for condonation of delay in filing the first appeal,
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which has remained uncontroverted, a case is made out
and therefore the delay of 3 months and 6 days in
filing the first appeal is condoned. This civil
application is, accordingly, allowed and is hereby
disposed of.
Sd/-
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether delay of three months and six days in filing the first appeal requires condonation.
Maulana Qari Ali Hasan Khan Qadri
Abdul Majeed Abubaker Pareikh
Anoop V. Mota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court