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Bombay High Court

MUKUND S/O. BALIRAM HAJGUDE.versusMSRTC VAHATUK BHAVAN MUMBAI T/H THE DIVISIONAL CONTROLLER, MSRTC, OSMANABAD

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the 258‑day delay was not deliberate and could be condoned in the interest of justice.

Summary

Mukund Hajgude filed a civil application seeking condonation of a 258‑day delay in filing his first appeal. The respondent, MSRTC Vahatuk Bhavan Mumbai, opposed the condonation. The court examined the reasons for the delay and found that it was not deliberate. Relying on the principle that delay may be condoned in the interest of justice, the court allowed the application. Consequently, the delay in filing the appeal was condoned. The court also directed that notice be issued to the respondents, though the respondent’s advocate waived the notice, and the matter was stood over for further proceedings on 7 September 2026.

Issues considered

  • Whether a delay of 258 days in filing a first appeal can be condoned under the Code of Civil Procedure.

Legislation cited

Subjects

  • condonation of delay
  • civil appeal
  • interest of justice
  • notice waiver
  • High Court of Bombay

Judgment

2026:BHC-AUG:31305


                                                                                 ca2535.26
                                                    -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              98 CIVIL APPLICATION NO. 2535 OF 2026
                                         IN FAST/5864/2026

                                    Mukund S/o. Baliram Hajgude.
                                               VERSUS
                  Msrtc Vahatuk Bhavan Mumbai T/h The Divisional Controller, Msrtc,
                                              Osmanabad
                                                   ...
                 Advocate for Applicant : Mr. Prasanna S. Chavan
                 Advocate for Respondents : Mr. A.B. Dhongade
                                                  …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 27th JULY, 2026

                 PER COURT :-


                  1.       The civil application is filed for condonation of delay of 258
                 days caused in filing the first appeal. Perused the application and
                 heard learned advocates for both sides.          Learned advocate for
                 respondent strongly opposed the application. 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.


                 2.        In first appeal, issue notice to the respondents.           Mr.
                 Dhongde learned advocate waives notice for respondent sole. Call
                 for record and proceedings. Stand over to 07.09.2026.



                                                     (SANJAY A. DESHMUKH, J.)

                 rlj/


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