Smt. Manekben Kanjibhai Tandel vs Smt. Mangiben Dayalbhai Patel ...
2021 Latest Caselaw 13396 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

               CIVIL APPLICATION NO.1610 OF 2017
                              IN
              FIRST APPEAL (ST) NO.33471 OF 2016

Manekben Kanjibhai Tandel                             ... Applicant
     Vs.
Mangiben Dayalbhai Patel (Since Deceased)
& Ors.                                                ... Respondents
                                -----

Ralston Fernandes for applicant. None for respondents.

-----

CORAM: ABHAY AHUJA J.

DATE : 18TH SEPTEMBER, 2021

P.C.:

1. By this application, the applicant is seeking condonation

of delay of 173 days in fling appeal against the judgment and decree

dated 28th January, 2016 passed by the Learned Civil Judge, Senior

Division at Daman.

2. Learned counsel for applicant states that the delay has

been explained in paragraphs 3 to 5 of the application and,

therefore submits that the delay be condoned.

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3. From the papers and proceedings, it is observed that the

reply opposing the said application for condonation of delay has

been fled by respondents No. 2 and 3 vide reply dated 2nd December,

2019.

4. Learned counsel for applicant states that she has not

received a copy of the same and requests the court to allow her to

take certifed copy of the same. The same is permitted.

5. Respondents, though served and despite fling a reply,

are not represented today. Since this matter is coming up for the

frst time after a long time, this Court, as and by way of last chance,

directs the Registry to list the matter on 05/10/2021, when the

application will be disposed of on the basis of pleadings.

6. List the matter on 05/10/2021.

(ABHAY AHUJA, J.) MUGDHA M PARANJAPE Digitally signed by MUGDHA M PARANJAPE Date: 2021.09.21 14:35:43 +0530

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