Bombay High Court

DADASAHEB PANDURANG BORADEversusVITTHAL BHANUDAS UDAWANT

Disposal: APPLICATION ALLOWED

Holding

The delay of 106 days in filing the second appeal is condoned, subject to removal of office objections within two weeks.

Summary

The applicant filed an application seeking condonation of a 106‑day delay in filing a second appeal in a civil suit. The court examined the reasons for the delay and found it was neither deliberate nor intentional. Consequently, the court granted condonation but imposed a condition that the applicant must remove any office objections in the second appeal within two weeks. The court also directed that, subject to compliance, notice be issued to the respondents with a return date of 25‑Nov‑2026. Failure to comply would result in the application being rejected.

Issues considered

Whether a delay of 106 days in filing a second appeal can be condoned under the principles of justice and procedural law.

Subjects

condonation of delay
second appeal
civil procedure
office objections
judicial discretion

Judgment

                                              960 CA NO. 11365 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           960 CIVIL APPLICATION NO. 11365 OF 2026
                      IN SAST/30475/2026

                Dadasaheb Pandurang Borade
                          VERSUS
                 Vitthal Bhanudas Udawant
                             ...
Ms. Shraddha Sanap h/f Mr. Shirasath Suhas Rajendra, Advocate
for Applicant
                             ….

                   CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 30.09.2026
PER COURT :-

1.          Heard learned Advocate for the Applicant.

2.          This is an application for condonation of delay of 106

days caused in filing the Second Appeal.

3.          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. However,

the same is subject to removal of office objections in the Second

Appeal within a period of two weeks from today.           Hence, the

following order:

                            ::ORDER::

a.        The delay of 106 days caused in filing the Second
          Appeal is condoned subject to removal of office


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                                   (( 2 ))      960 CA NO. 11365 OF 2026


           objections in the Second Appeal within a period of two
           weeks from today. In the event of failure to remove the
           office objections within the stipulated period, the
           application shall stand rejected without further reference to
           the Court.



SECOND APPEAL

1.          Heard.

2.          Subject to removal of the office objections within the

stipulated period, issue notice to the Respondents, returnable on

25.11.2026.




                                     [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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