Bombay High Court

CHHAYA WD/O SIDDHARTH GAIKWAD AND OTHERSversusRAGHUNANDAN S/O NIVRUTTI UKIRDE AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that the 225‑day delay in filing the first appeal is condoned.

Summary

The petitioner filed a civil application seeking condonation of a 225‑day delay in filing the first appeal. The respondent opposed, arguing no sufficient reason for condonation. The court examined the application and found that the delay was neither deliberate nor intentional and that condoning it would serve the interests of justice. Consequently, the court allowed the application, condoned the delay, and ordered the first appeal to proceed. The matter was then set for further proceedings with notice issued to the respondents.

Issues considered

Whether a delay of 225 days in filing a first appeal can be condoned under civil procedure law

Subjects

condonation of delay
first appeal
civil procedure
interest of justice

Judgment

                                              25 CA NO. 10763 OF 2025.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            25 CIVIL APPLICATION NO. 10763 OF 2025
                      IN FAST/16075/2025

          Chhaya Wd/o Siddharth Gaikwad And Others
                            VERSUS
           Raghunandan S/o Nivrutti Ukirde And Anr.
                                ...
Mr. Arvind Ramnath Kawade, Advocate for Applicant
Mr. M. D. Shinde, Advocate for respondent No.2
                                ….

                     CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 04.03.2026
PER COURT :-

1.          Heard.


2.          This is an application for condonation of delay of 225

days caused in filing the first appeal.


3.          Learned Advocate for respondent No.2 strongly

opposed the application and submitted that there is no sufficient

reason to condone the delay.


4.          Perused the application.      For the reasons stated

therein, the application deserves to be allowed in the interest of

justice as the delay is neither deliberate nor intentional. Hence,

the following order:



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                                    (( 2 ))        25 CA NO. 10763 OF 2025


                               ::ORDER::

a.         Civil Application is allowed.

b.         The delay of 225 days caused in filing the first appeal is

           condoned.

c.         The application is disposed of.


FIRST APPEAL

1.          Issue   notice    to   the     respondents,    returnable           on

24.06.2026.


2.          Learned Advocate Mr. M. D. Shinde waives service of

notice for Respondent No.2.


3.          Call for Record and Proceedings.



                                   [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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