1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3628 OF 2008 IN APPEAL (L) 289 OF 2008 IN CHAMBER SUMMONS NO. 2438 OF 2004 IN SUIT NO. 2438 OF 2004 Ms. FARHAT JAHAN ANSARI D/o MRS. SULTANA F. ANSARI .. APPELLANT Vs. PARCHAIYAN CO-OP. SOCIETY LTD & ORS. RESPONDENTS Mr. Ansari i/b N. Raja for appellant Mr. Sanjay Jain for respondents CORAM:SMT.RANJANA DESAI & K. K. TATED, JJ. DATE: 22/10/2008 P.C. . Heard learned counsel for the appellant and learned counsel for the respondent. This motion is taken out for condonation of delay of 23 days in filing the appeal. 2 2. Learned Counsel for the respondent states that the appeal itself is not maintainable. That point can be agitated at the stage of admission of the appeal. 3. For the reasons stated in the affidavit-in-support of motion delay is condoned Needless to say that objection to the maintainability of the appeal can be raised at the appropriate time. 4. Motion is disposed of. 5. Place the appeal for admission on 17/11/08. JUDGE JUDGE