Bombay High Court

ANITA SHIVAJI SHINDE AND ORSversusBHAPUSAHEB KACHARU TODMAL AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the delay is condonable and allowed the application for condonation of delay.

Summary

The applicants, Anita Shivaji Shinde and others, filed a civil application before the Aurangabad bench of the Bombay High Court seeking condonation of a 243‑day delay in filing their first appeal against a motor accident claim petition. The respondents, Bhapusaheb Kacharu Todmal and others, opposed the condonation. The court examined whether the delay was justified and whether procedural equity permitted condonation. Relying on the fact that the appeal was filed by the original claimants and on the reasons set out in the applicants’ affidavit, the bench found the delay excusable. Consequently, the court granted condonation, ordered the registration of the first appeal, and disposed of the civil application.

Issues considered

Whether a delay of 243 days in filing the first appeal can be condoned under the principles of civil procedure

Subjects

condonation of delay
first appeal
motor accident claim
civil procedure
High Court

Judgment

2026:BHC-AUG:44168-DB

1 14-CA 1323-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 1323 OF 2026
IN FAST/27279/2024

Anita Shivaji Shinde And Others .. Applicants

Versus

Bhapusaheb Kacharu Todmal And Others .. Respondents

Mr. Vishal S. Badakh, Advocate for Applicants.
Mr. B. B. Shelke, Advocate for Respondent Nos. 1 & 2.

CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 24th SEPTEMBER, 2026.

PER COURT :-

1. Heard learned advocate for the applicants and learned

advocate for respondent Nos. 1 and 2.

2. This application is filed seeking condonation of delay of 243

days caused in filing the first appeal.

3. Since the appeal is by the original claimants in the Motor

Accident Claim Petition and for the reasons stated in the

application, delay stands condoned. The application is allowed.

Office to register first appeal.
2 14-CA 1323-2026.odt

4. With this, the civil application stands disposed of.

( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. )

P.S.B.

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