Bombay High Court

YADAVRAO S/O RUPLA JADHAV.versusLOBHA KANU NAIK (DIED) SHANTARAM AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

A delay of fifteen days in filing a first appeal under Section 41D(vi) of the Maharashtra Public Trust Act may be condoned where the delay is minimal and uncontroversial.

Summary

The appellant filed an application seeking condonation of a fifteen‑day delay in filing a first appeal under Section 41D(vi) of the Maharashtra Public Trust Act. The court noted that the contents of the application were not contested and that the delay was minimal. Considering the uncontroversial nature of the facts and the short period of delay, the court allowed the condonation. Consequently, the office was directed to register the appeal and schedule it for further hearing on 6 October 2026. The decision reflects the court’s willingness to relax procedural time limits where the delay is insignificant and no prejudice is shown.

Issues considered

Whether a delay of fifteen days in filing a first appeal under Section 41D(vi) of the Maharashtra Public Trust Act can be condoned.

Legislation cited

Maharashtra Public Trust Act — s. 41D(vi)

Subjects

condonation of delay
Maharashtra Public Trust Act
Section 41D
first appeal
civil procedure
trust law

Judgment

2026:BHC-AUG:42362



         55.ca.14260.25.odt                                                                                1


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD
                               CIVIL APPLICATION NO.14260 OF 2025
                                                IN
                               FIRST APPEAL (ST.) NO.34836 OF 2025
                  (Yadavrao s/o Rupla Jadhav Vs. Lobha Kanu Naik (died) Shantaram and ors.)
         --------------------------------------------------------------------------------------------------------
         Office Notes, Office Memoranda of                               Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
         ---------------------------------------------------------------------------------------------------------
                                  Mr. S.V. Deshmukh, Advocate for the appellant.
                                  Mr. Siddharth Deshmukh, Advocate for respondent Nos.6 to 8.

                                                    CORAM:- ROHIT W. JOSHI, J.
                                                    DATED :- SEPTEMBER 15, 2026.

                                                    This      is    an      application        filed     seeking
                                  condonation of delay of 15 days in filing first appeal under
                                  Section 41D(vi) of the Maharashtra Public Trust Act.


                                  2.                Having regard to the contents of the
                                  application, which are not controverted, as also regard to
                                  the fact that the delay is only of 15 days, the application
                                  for condonation of delay is allowed.

                                  3.                Office is directed to register the appeal and
                                  list it for further consideration on 06/10/2026.




                                                                                       (ROHIT W. JOSHI, J.)
         *Donge

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