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Bombay High Court

MAROTI S/O. SOPAN HAKE AND ANR.versusHARIBHAU S/O. GANPATRAO DESHMUKH AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

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


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