Allowed

Zarina Asif Shaikh and Anr. v. Aslam Haji Abdul Ahad Amir Bukhari and Ors.

Bombay HC13 Jun 2022WP/386/2018

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed the criminal writ petition to be withdrawn, preserving the petitioner's liberty to appeal under the Registration of Birth and Death Act, 1969, with regards to delay condonation.

What did the court decide?

Petition allowed to be withdrawn with liberty to prefer appeal under Section 15 of Registration of Birth and Death Act, 1969.

Zarina Asif Shaikh and Anr. Vs Aslam Haji Abdul Ahad… — Writ and Judicial Review | Bombay HC (2022)

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1 of 2 3.WP.386.2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.386 OF 2018

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Zarina Asif Shikh and another

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Petitioners

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versus

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Aslam Haji Adul Ahad Amir Bukhari and othersRespondents

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Mr.Ashish Chavan with Zishan Quazi, Advocates for petitioners.
Mr.Pratik Surti i/by Mr.Raviraj Gamare, Advocate for respondent
no.1.

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Mr.A.R.Patil, APP, for State.
Mr.Kunal Waghmare for respondent no.2.

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CORAM :PRAKASH D. NAIK, J.

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DATE :13th June 2022

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PC :

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1.This petition was heard on 6th June 2022. Since the remedy of
appeal is available in accordance with Section 15 of Registration of
Birth and Death Act, 1969, learned counsel for petitioner sought time
to take instructions whether the petition can be withdrawn to resort
to the remedy under the aforesaid provision.

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2.Learned counsel for petitioner, on instructions, submits that
the petition may be allowed to be withdrawn. It is, however,
submitted that this petition is pending in this Court since 2018 and
in the event petitioner prefers an appeal as stated above, the
question of condonation of delay in preferring such appeal could
arise.

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3. In view of the submission of learned counsel for petitioner, the petition is allowed to be withdrawn with liberty to prefer papeal as

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2 of 2 3.WP.386.2018.doc

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aforesaid. It is pertinent to note that petition is preferred under bona
fide belief that same can be entertained by this Court. This petition
is pending in this Court since 2018 and it was adjourned from time
to time. The fact that petition was bona fide moved before this Court
and it was pending in this Court since 2019 shall be considered by
the concerned authority in the event appeal is preferred by the
petitioner and the question of condonation of delay arises therein.

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4. With these observations, the petition is disposed of.

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(PRAKASH D. NAIK, J.)

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MST

Zarina Asif Shaikh and Anr. v. Aslam Haji Abdul Ahad Amir Bukhari and Ors.

Case brief

What is this about?

What did the court decide?

Zarina Asif Shaikh and Anr. v. Aslam Haji Abdul Ahad Amir Bukhari and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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