Bombay High Court
MAROTI S/O. SOPAN HAKE AND ANR.versusHARIBHAU S/O. GANPATRAO DESHMUKH AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The delay of 137 days in filing the first appeal is condoned as it was not deliberately caused and was due to financial hardship.
Summary
The applicants filed a civil application seeking condonation of a 137‑day delay in filing their first appeal. They alleged that a financial crisis prevented them from arranging the necessary funds to prefer the appeal within the prescribed period. The court examined whether the delay was deliberate and whether the reasons pleaded justified condonation. It held that the delay was not deliberately caused and that the financial hardship constituted a sufficient ground in the interest of justice. Consequently, the court allowed the application and condoned the delay, permitting the appeal to proceed.
Issues considered
- Whether a delay of 137 days in filing a first appeal can be condoned under the principles of natural justice
- Whether financial hardship is a sufficient ground to justify condonation of delay
Subjects
- condonation of delay
- first appeal
- civil procedure
- financial hardship
- interest of justice
Judgment
2026:BHC-AUG:13409
925.CA.1548.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 1548 OF 2026
IN
FIRST APPEAL (STAMP) NO. 2617 OF 2026
Maroti S/o. Sopan Hake and Another ...Applicants
Versus
Haribhau S/o. Ganpatrao Deshmukh and Another ...Respondents
***
Mr. Vaibhav U. Pawar, Advocate for the Applicants
***
CORAM : SANJAY A. DESHMUKH, J.
DATE : MARCH 27, 2026
PER COURT :
1. Heard.
2. This is an application for condonation of delay of 137 days
caused in filing the first appeal.
3. Considering the reasons stated in the application that the
applicant was in financial crises and could not arrange the money for
preferring the appeal, the application deserves to be allowed in the
interest of justice as the delay is not deliberately caused. Hence, the
following order.
ORDER
A) Civil Application is allowed.
Shrikant Malani Page 1 of 2
925.CA.1548.2026
B) The delay of 137 days caused in filing the First
Appeal is hereby condoned.
( SANJAY A. DESHMUKH, J. )
Shrikant Malani Page 2 of 2
Checking your session…