Bombay High Court

ISHWAR GORAKH PATIL AND ANRversusNOORMOHAMMAD ABDUL KHAN AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court condoned the 1526‑day delay, allowing the appeal to proceed.

Summary

The applicants sought condonation of a 1526‑day delay in filing their appeal, citing financial hardship and the COVID‑19 pandemic. The respondents opposed the condonation. The court noted that the applicants belong to a lower socioeconomic stratum and that the delay was not deliberate. Relying on the Supreme Court’s liberal approach in M.D.A. Chaudhary v. Kartar Chand, the court decided to condone the delay but barred any claim for interest on the delayed period. Consequently, the application for condonation was allowed and the appeal was registered, with notice issued to the respondents.

Issues considered

Whether the 1526‑day delay in filing the appeal should be condoned under the principles laid down by the Supreme Court.

Subjects

condonation of delay
civil appeal
interest waiver
lower socioeconomic status
COVID-19 pandemic
liberal approach
Supreme Court precedent

Judgment

2026:BHC-AUG:29405

(1) 955 ca 505.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

955 CIVIL APPLICATION NO. 2505 OF 2023
IN FAST/2786/2023

ISHWAR GORAKH PATIL AND ANR
VERSUS
NOORMOHAMMAD ABDUL KHAN AND ORS

…..
Advocate for Applicant : Mr. Bhokarikar Madhav M.
Advocate for R/3 : Mr. Mohit R Deshmukh
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 17.07.2026

P.C.:-

1. This is an application for condonation of delay of 1526 days

caused in filing the appeal.

2. Perused the application. Heard the learned advocates for both the

sides.

3. Learned advocate for the applicants pointed out the grounds

raised in the application and submitted that the delay was caused due to

financial constraints and the COVID-19 pandemic.

4. Learned advocate for the respondents strongly opposed the

application.
(2) 955 ca 505.23

5. Considering the facts stated in the application and the fact that

the applicants belong to the lower strata of society, and that the delay was not

caused deliberately, the delay deserves to be condoned on the condition that

the claimants/applicants shall not be entitled to interest for the delayed

period. Considering the law laid down by the Hon’ble Supreme Court in the

case of M.D.A. Chaudhary v. Kartar Chand and Ors.; MANU/SC/0877/2025,

the application for condonation of delay has to be considered liberally.

Therefore, in the interest of justice, the delay deserves to be condoned.

Accordingly, the delay of 1526 days stands condoned. The application is

allowed accordingly. Appeal be registered.

Appeal:

6. Issue notice to the respondents, returnable on 11.09.2026.

Learned advocate Mr. Mohit Deshmukh waives notice for the respondent no.3.

[SANJAY A. DESHMUKH, J.]

mubashir

Continue reading with your account

Checking your session…