Bombay High Court

SANGITA RAVINDRA SWAMI AND ORSversusGOPAL VINAYAK SAVANE AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the delay application and ordered the deletion of Respondent No.1, at the risk of the appellants.

Summary

The applicants filed a civil application seeking relief for delay, which the court allowed under Prayer Clause “A” and directed registration of the first appeal. In the first appeal, the appellants sought the deletion of Respondent No.1. The court ordered the deletion of Respondent No.1, expressly stating that the deletion was at the risk and peril of the appellants. The parties accepted the notice and the matter was set for expedited hearing. The judgment is procedural, focusing on the admissibility of the delay application and the modification of parties in the appeal.

Issues considered

What is the appropriate relief for an application seeking extension due to delay?
Whether Respondent No.1 can be deleted from the first appeal and under what conditions?

Subjects

civil procedure
delay
deletion of party
first appeal
high court

Judgment

2026:BHC-AUG:43634



                                                                   23 CA12079.2021+
                                                -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         23 CIVIL APPLICATION NO. 12079 OF 2021
                                          WITH
                                    FAST/15773/2019

                           SANGITA RAVINDRA SWAMI AND ORS
                                          VERSUS
                            GOPAL VINAYAK SAVANE AND ORS
                                             ...
              Advocate for Applicants: Mr. Shaikh Adnan h/f. Mr.Fayaz K. Patel
              Advocate for Respondent No.3 : Mr. S. V. Kulkarni
              Advocate for Respondent No.4 : Mr. Nitin S. Kadam
                                             ...

                                            CORAM : SACHIN S. DESHMUKH, J.
                                               Date : 24.09.2026

              PER COURT :-

              1.            Heard.


              CIVIL APPLICATION FOR DELAY

              2.            For the reasons stated in the application, the same is

              allowed in terms of Prayer Clause “A”. Office to register the First

              Appeal.


              FIRST APPEAL

              3.            The Appellants seeks deletion of Respondent No.1.


              4.            Respondent No.1 is deleted at the risk and peril of the

              Appellants.
                                                  23 CA12079.2021+
                              -2-

5.        Admit.


6.        Learned counsel accept notice on behalf of respective

Respondents.


7.        Call R & P.


8.        Hearing of the First Appeal is expedited.




                                    (SACHIN S. DESHMUKH, J.)

marathe

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