1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.244 OF 2005 APPLICATION NO.244 OF 2005 APPLICATION NO.244 OF 2005 IN IN IN FIRST FIRST FIRST APPEAL (ST.) NO.31333 OF 2004 APPEAL (ST.) NO.31333 OF 2004 APPEAL (ST.) NO.31333 OF 2004 Smt. Havabi w/d Hamza ... Applicant Shamsuddin Vs. Abdul Hamid Hamza Parkar ... Respondents & Ors. Ms. Gupta h/f A.M. Sarogi for the Applicant. Mr. K.R. Sutrale for respondents. Respondent No.3 is present CORAM CORAM CORAM : ANOOP V. MOHTA, J : ANOOP V. MOHTA, J : ANOOP V. MOHTA, J. DATE DATE DATE : 20TH JUNE, 2008 : 20TH JUNE, 2008 : 20TH JUNE, 2008 P.C. P.C. P.C. :- :- :- 1) In view of the order passed earlier in Civil Application No.1084 of 2008 with Civil Application No.115 of 2008, as the respective heirs of the Respondents have no objection to consider/grant the application of condonation of delay of 36 days in filing the present Appeal. Further, in view of averments made in the Application, I am inclined to grant this application, though the Respondent No.3 who is present before the Court in person objecting to 2 the same. As the sufficient case is made out, this application is allowed in terms of prayer clauses (a) and (b). 2. Appeal be listed for admission after due registration. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)