NILOUFER SOLI LAM Vs. ZARIR PESI BHARUCHA

JUDGEMENT

(1.) Interim Application (L) No. 15043 of 2023, is filed for condoning delay of 56 days in filing the Appeal. In paragraph no.11 and 12 of the Interim Application, it is stated that the Appellant had initially filed a Special Leave Petition in the Supreme Court, challenging the Judgment and Order dtd. 13/3/2023. The Special Leave Petition was disposed of on 17/5/2023. Therefore, the Appellant is seeking exclusion of the time period from 23/3/2023 to 17/5/2023 (55 Days) during which the Appellant was duly prosecuting the Special Leave Petition. We have gone through the submissions made in the I. A. and are satisfied with the reasons stated for condoning the delay, hence I. A. is allowed.

(2.) By consent, the Appeal is taken up for final hearing.

(3.) This appeal arises out of a challenge to the Judgment and Order dtd. 13/3/2023 passed by the Single Judge of this Court dismissing the Appellant's (original defendant), Interim Application (L) No. 35119/2022 which was filed for rejection of plaint under the provisions of Order VII Rule 11 of Code of Civil Procedure and in the alternative to transfer the suit to the Family Court, for trial along with Petition filed by Respondent/Plaintiff for dissolution of the marriage.