Bombay High Court

KESHAV BHAUSAHEB KALEversusPANDIT DINDAYAL NAGARI SAHAKARI PAT SANSTHA LTD

Disposal: DISPOSED OFF

Holding

The application for condonation of delay must be decided prior to the decision of the appeal.

Summary

The applicant filed a civil application seeking clarification of a prior order that had scheduled the hearing of a condonation of delay application together with the appeal on 27‑08‑2026. The applicant argued that the condonation application must be heard before the appeal, not concurrently. The respondent opposed the prayer, raising objections. The Court examined whether any ambiguity existed in the earlier order and clarified that the condonation application indeed needs to be decided prior to the appeal. Consequently, the Court disposed of the civil application, directing the parties to act upon the authenticated copy of the clarified order.

Issues considered

Whether the application for condonation of delay must be heard before the appeal or can be heard concurrently with the appeal.

Subjects

condonation of delay
appeal procedure
civil application
clarification order
High Court

Judgment

                     1                            2ca10931.26 prodction .odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 2 CIVIL APPLICATION NO. 10931 OF 2026
                            IN WP/8747/2026

                         KESHAV BHAUSAHEB KALE
                                   VERSUS
         PANDIT DINDAYAL NAGARI SAHAKARI PAT SANSTHA LTD
                                      ...
     Advocate for Applicant : Mr. Shubham Pawar h/f Mr. Rahul R. Karpe
          Advocate for Respondent No. 1 in WP : Mr. S.R. Andhale
                                      …


                           CORAM : MANJUSHA DESHPANDE, J.
                           DATE   : 30.09.2026


PER COURT :

1.            This application is filed by the applicant seeking clarification

to the order date 14.08.2026, whereby the Maharashtra State Co-

Operative Appellate Court, Mumbai Bench at Aurangabad was directed

to hear the application for condonation of delay in the appeal pending

before it. It is submitted that in the order dated 14.08.2026, this Court

has passed an order directing that the application of condonation of

delay be heard alongwith the appeal on 27.08.2026. This order directing

to hear the application on 27.08.2026 is passed on the back ground of

the fact that during the course of the arguments, this Court was

informed that the hearing of appeal itself was scheduled on 27.08.2026

therefore, this Court had passed this order to hear the application of

condonation application alongwith the appeal on 27.08.2026. However, it

goes without saying that the application for condonation of delay needs

to be heard prior to the hearing of the appeal.
                      2                       2ca10931.26 prodction .odt


2.           The prayer made in the Civil Application is opposed by the

learned Advocate for the respondent, I have taken note of the objection

raised by the learned Advocate for the respondent.



3.           However, by way of clarification, if any ambiguity remains in

the order, it is made clear that the application for condonation of delay

needs to be decided prior to the decision of the appeal.



4.           With the aforementioned observations the Civil Application

stands disposed of.



5.           The parties to act upon the authenticated copy of this order.




                                    ( MANJUSHA DESHPANDE, J. )




Mahajansb/

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