Bombay High Court

SHAIKH MOHAMMAD ISMAIL AND ANRversusSOPAN SONAJI GORE AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: Y G KHOBRAGADE

Holding

The court held that the seven‑day delay in filing the appeal is condoned as there was no objection from the respondents.

Summary

The applicants, Shaikh Mohammad Ismail and another, filed a petition in the Bombay High Court seeking condonation of a seven‑day delay in filing an appeal against a judgment dated 21‑06‑2024 of the Joint Charity Commissioner, Pune‑2. The appeal was filed beyond the prescribed period, and the applicants requested the court’s indulgence. The non‑applicants, though served, were largely absent, and those who appeared (Nos. 2 and 7) raised no objection to the condonation. The court examined whether the delay could be condoned in the absence of any objection and in view of the reasons set out in the application. Finding no impediment, the court exercised its discretion to condone the delay and ordered the appeal to be registered for hearing on 22‑04‑2026. The application was consequently disposed of.

Issues considered

Whether a delay of seven days in filing an appeal can be condoned under the applicable procedural law.

Subjects

condonation of delay
appeal
civil procedure
limitation period
High Court

Judgment

2026:BHC-AUG:12140
                                                                      907ca10976-24

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         907 CIVIL APPLICATION NO. 10976 OF 2024
                                    IN FAST/27114/2024

                               Shaikh Mohammad Ismail And Anr
                                              VERSUS
                                   Sopan Sonaji Gore And Ors
                                                 ...
            Mr. S. G. Salve And P. B. Vaidya, Advocate for Applicant
            Mr. P. S. Pawar h/for Mr. V. S. Bedre, Advocate for Resp. Nos. 2 & 7
            Mr. C. V. Deshmkh h/for Mr. Spripad Kulkarni, Advocate for respondent
            Nos. 1 to 6, 8, and 14

                                 CORAM     : Y. G. KHOBRAGADE, J.
                                Dated      : 18th March, 2026

            PER COURT :-
            1.       Heard Mr. S. G. Salve, learned counsel for the applicants, Mr.

            C. V. Deshmukh, learned counsel appearing for non-applicant Nos. 1 to

            6, 8 & 14 and Mr. P. S. Pawar the learned counsel appearing for non-

            applicant Nos. 2 and 7.


            2.       Despite service, the other non applicants remained absent.


            3.       By the present application, the applicants are seeking

            condonation of delay of 7 days caused in lodging appeal against the

            judgment and order dated 21.06.2024 passed by the learned Joint

            Charity Commissioner, Pune-2 in Application No. 48 of 2022. The Non

            applicants have no objection for condonation of delay.


            4.        In view of the above, for the reasons set out in the

            application, the delay of seven days caused while lodging the present

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                                                                    907ca10976-24

           appeal is hereby condoned. The application is accordingly disposed of.


           5.      Office to Register the appeal and place before this court for

           consideration on 22.04.2026.




                                                       ( Y. G. KHOBRAGADE, J. )
JPChavan




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