Bombay High Court

SMT KALABAI KASHINATH PATIL (DEAD) THR LRS USHABAI DIED THR LRS YUVRAJ FULA PATIL AND ORSversusMR TUKARAM SHENPHADU PATIL AND ORS

Disposal: APPLICATION ALLOWED

Holding

The court held that the seven‑day delay in filing the second appeal is condoned as it is not deliberate and is in the interest of justice.

Summary

The petitioners filed Civil Application No. 14210 of 2023 seeking condonation of a seven‑day delay in filing a second appeal. The respondent No.1‑b opposed the condonation, but the court examined the reasons provided and found the delay was not deliberate. Relying on the principle of justice, the court held that such a short, non‑deliberate delay may be condoned. Consequently, the application for condonation was allowed, and the delay was condoned. The court also issued notice to the respondents in the second appeal and related stay application, with service waived by respondent No.1‑b and representation by counsel for respondent No.2‑a.

Issues considered

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

Subjects

condonation of delay
second appeal
civil procedure
interest of justice
service waiver

Judgment

                                                             ca14210.23
                                  -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

           967 CIVIL APPLICATION NO. 14210 OF 2023
                       IN SAST/22445/2023

  Smt Kalabai Kashinath Patil (dead) Thr Lrs Ushabai Died Thr Lrs
                     Yuvraj Fula Patil And Ors
                              VERSUS
               Mr Tukaram Shenphadu Patil And Ors
                                 ...
Advocate for Applicant : Mr. Pandurang S Koshti
Advocate for Respondent No. 1-b : Mr. Girish Rane
                                 …
                                WITH
             CIVIL APPLICATION NO. 14209 OF 2023
                        IN SAST/22445/2023
                                 …..

                     CORAM : SANJAY A. DESHMUKH, J.
                     DATED : 01st OCTOBER, 2026

PER COURT :-


1.        The civil application No.14210 of 2023 is filed for

condonation of delay of 07 days caused in filing the second appeal.



2.        Perused the application and heard learned advocates for

both sides.    Learned advocate for respondent No. 1-b strongly

opposed the application.    However, considering the reasons stated

in the application, it appears that the delay caused is not deliberate.

Therefore, the application is allowed. The delay caused in filing the

appeal is condoned in the interest of justice.
                                                             ca14210.23
                                 -2-



3.       In second appeal as well as in civil application for stay,

issue notice to the respondents, returnable on 29.10.2026.



4.       Mr. Girish Rane, waives service for respondent No. 1-b.

The respondent No.2-a is already served and advocate Mr. B.R.

Warma has caused appearance on behalf of the said respondent.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

Continue reading with your account

Checking your session…