Bombay High Court

VITTHAL NARSING PREMALWADversusDILIP BABURAO MUNDHE AND ORS

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

Holding

The court held that the 37‑day delay in filing the first appeal is condoned.

Summary

The applicant filed an application seeking condonation of a 37‑day delay in filing the first appeal. The court heard counsel for the applicant and examined the reasons provided for the delay. Finding the explanations satisfactory and in the interest of justice, the court decided to condone the delay. Consequently, the application was allowed and the appeal was registered. The court also ordered that notice be issued to the respondents, with a return date of 30 June 2026.

Issues considered

Whether a delay of 37 days in filing the first appeal can be condoned under the applicable procedural law

Subjects

condonation of delay
first appeal
interest of justice
civil procedure

Judgment

                                             1                                  932.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           BENCH AT AURANGABAD.
                      932 CIVIL APPLICATION NO. 10938 OF 2024
                                  IN FAST/4526/2024

                          VITTHAL NARSING PREMALWAD
                                       VERSUS
                         DILIP BABURAO MUNDHE AND ORS
                                          ...
      Advocate for Applicant : Mr. Ramchandra S. Patil.
                                          ...


                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATE       :   10th April, 2026.

      P.C.:

      1       This is an application for condonation of delay of 37 days caused

      in filing the first 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.



      Appeal :

      4       Issue notice to the respondents, returnable on 30th June, 2026.




                                             [ SANJAY A. DESHMUKH, J. ]
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