-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 743 OF 2004 APPLICATION NO. 743 OF 2004 APPLICATION NO. 743 OF 2004 IN IN IN FIRST FIRST FIRST APPEAL (St.) NO. 3426 OF 2004 APPEAL (St.) NO. 3426 OF 2004 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 CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATED DATED DATED : 13TH DECEMBER, 2005. : 13TH DECEMBER, 2005. : 13TH DECEMBER, 2005. P. P. P. C.: C.: 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, -: 2 :- 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 (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)