1 srk nm-144-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.144 OF 2011 IN APPEAL (LODGING) NO.21 OF 2011 IN TESTAMENTARY SUIT NO.48 OF 1990 IN TESTAMENTARY PETITION NO.424 OF 1990 Meena Vasant Patel ... Appellant Versus Prithviraj Ambalal Patel ... Respondent Mr. Farhan Dubash i/by M/s. Pravin Mehta & Mithi & Co. for the appellant. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Friday, January 21, 2011 P .C. The respondent is shown to have been served but none appears when the matter is called out. 2. The learned counsel for the appellant states that affidavit in service will be filed by 25th January, 2011. 3. Since the respondent is served and none appears for him when the matter is called out, we have taken up the notice of motion for hearing. 4. Having heard the learned counsel for the appellant, we find that sufficient cause is shown for delay of 48 days caused in filing the appeal. Hence the delay is condoned. Notice of motion is made absolute. 2 srk nm-144-11.sxw 5. The appeal shall be listed for admission hearing on 1st February, 2011. CHIEF JUSTICE S.J. VAZIFDAR, J.