Shaikh Isaq S/O Sk Amir And Anr vs Gaffarkhan S/O Osmankhan And Anr
2024 Latest Caselaw 2617 Bom

Bombay High Court

Shaikh Isaq S/O Sk Amir And Anr vs Gaffarkhan S/O Osmankhan And Anr on 29 January, 2024

2024:BHC-AUG:1871
                                                            48-CA-14315-2023.odt



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 14315 OF 2023
                              IN SAST/31097/2023
                          Shaikh Isaq S/o Sk Amir And Anr
                                                                  ....Applicant
                                             VERSUS

                       Gaffarkhan S/o Osmankhan And Anr
                                                     .....Respondent
                                              .....

Mr. U. A. Sayed h/f Mr. S. K. H. Pathan, Advocate for Applicant ...

                                              CORAM   : R.M. JOSHI, J
                                              DATE    : JANUARY 29, 2024

          PER COURT :

          1.         At     the     outset,     learned    Counsel   for      the

Applicants seeks leave to carryout amendment to mention

number of days delay.

2. Leave granted. Amendment be carried out

forthwith.

3. This application is filed for condonation of

delay of 106 days in preferring Appeal against judgment

and decree dated 28.02.2023 passed in RCA No. 06/2018.

4. It is claimed by the Applicants that for want

of knowledge of the impugned judgment, Appeal could not

48-CA-14315-2023.odt

be filed in time.

5. Though Respondents are duly served, none

appeared for them. This indicates that they have no

inclination to oppose application.

6. No mala fides can be attributed to the

Applicants in not preferring Appeal in time. Hence,

application stands allowed in terms of prayer clauses

'B' and 'C'. Appeal be register.

(R. M. JOSHI, J.) Malani