Bombay High Court

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION DHULEversusRAZIYABI KAREEM KHAN PATHAN DECESED AND OTHERS

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

Holding

The court condoned the delay and granted a stay of execution pending the appeal.

Summary

The Maharashtra State Road Transport Corporation Dhule filed an application seeking condonation of a 163‑day delay in filing a revision and a stay of execution of the impugned judgment and award. The court examined the application and, finding no deliberate delay, condoned the delay in the interest of justice. The applicant also submitted that the entire award amount had been deposited with the court, and the court consequently granted a stay of the judgment and award pending the appeal. Notices were issued to the respondents and the matter was set for further hearing. The court ordered that the appeal be registered and proceedings continue.

Issues considered

Whether a delay of 163 days in filing a revision can be condoned under civil procedure law.
Whether a stay of execution of the impugned judgment and award should be granted pending the appeal.

Subjects

condonation of delay
stay of execution
civil procedure
revision
interest of justice

Judgment

2026:BHC-AUG:29422

(1) 925 ca 10805.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

925 CIVIL APPLICATION NO. 10805 OF 2025
IN FAST/28761/2025
WITH CIVIL APPLICATION NO. 10807 OF 2025

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION DHULE
VERSUS
RAZIYABI KAREEM KHAN PATHAN DECEASED AND OTHERS

…..
Advocate for Applicant : Mr. Dnyaneshwar Suresh Bagul
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 17.07.2026

P.C.:-

Application for Delay:

1. This is an application for condonation of delay of 163 days caused

in filing the revision.

2. Perused the application. Heard the learned advocate for

applicant.

3. On perusal of the application, it appears that the delay has not

been deliberately caused. Therefore, in the interest of justice, the delay

deserves to be condoned.

4. For the reasons stated in the application, the delay stands
(2) 925 ca 10805.25

condoned. The application stands allowed in the interest of justice. Appeal

be registered.

Application for Stay:

5. This is an application seeking stay to the execution of the

impugned judgment and award.

6. The learned counsel for the applicant submits that the entire

amount as per the impugned judgment and award is deposited in this Court.

7. In view of the above, there shall be stay to the impugned

judgment and award till the pendency of the appeal. The application stands

disposed of.

Appeal:

8. Issue notice to respondents, returnable on 11.09.2026. Call

record and proceedings.

[SANJAY A. DESHMUKH, J.]

mubashir

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