Bombay High Court

Kamlabai Rameshwar ZawarversusIndubai Badrinarayan Sarda

Disposal: APPLICATION ALLOWED

Holding

The court held that the seven‑day delay in filing the second appeal is condoned in the interest of justice.

Summary

The applicant, Kamla Bai Rameshwar Zawar, filed a second appeal 7 days beyond the prescribed period and sought condonation of the delay. The application was presented before the Hon'ble Judge Sanjay A. Deshmukh, who examined the reasons provided for the delay. The court considered whether the delay could be excused in the interest of justice. Finding the reasons satisfactory, the court decided to condone the delay. Consequently, the application for condonation was allowed and the second appeal was ordered to be registered, with notice issued to the respondents.

Issues considered

Whether a delay of seven days in filing a second appeal can be condoned under the principles of natural justice and procedural law.

Subjects

condonation of delay
second appeal
civil procedure
interest of justice
procedural law

Judgment

                                             1                               955.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           BENCH AT AURANGABAD.
                     955 CIVIL APPLICATION NO. 13944 OF 2024
                                IN SAST/33717/2024

                          KAMLABAI RAMESHWAR ZAWAR
                                         VERSUS
                          INDUBAI BADRINARAYAN SARDA
                                             ...
      Advocate for Applicant : Mr. Anil Shridhar Bajaj.
                                             ...


                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATE       :   29th September, 2026.

      P.C.:

      1       This is an application for condonation of delay of 7 days caused
      in filing the second appeal.

      2       Heard the learned counsel for the applicant.        Perused the
      application.

      3       For the reasons stated in the application, the delay stands
      condoned. The application stands allowed in the interest of justice.
      Appeal be registered.


      Second Appeal :

      4       Issue notice to the respondents, returnable on 5th November,
      2026.

      5       Call for record and proceedings.



                                             [ SANJAY A. DESHMUKH, J. ]
nga

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