Bombay High Court

HARIDAS S/O. AMBADAS WAGHMODE.versusSHIVANI D/O. RAMKISAN DHAKTODE AND ORS.

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

Holding

The court condoned the 555‑day delay in filing the first appeal.

Summary

Haridas filed an application seeking condonation of a 555‑day delay in filing his first appeal, citing his weak financial position as the reason for the delay. The court examined the applicant’s explanation and found that the delay was not deliberate. Considering the interest of justice and the need to decide the matter on its merits, the court held that sufficient cause existed to condone the delay. Consequently, the application for condonation was allowed. The court also directed that the first appeal proceed with notice to the respondents, with a return date of 29 July 2026.

Issues considered

Whether a delay of 555 days in filing a first appeal can be condoned under the principles of natural justice and procedural law.

Subjects

condonation of delay
civil procedure
first appeal
interest of justice
financial hardship

Judgment

2026:BHC-AUG:23876

ca3222.26
-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

958 CIVIL APPLICATION NO. 3222 OF 2026
IN FAST/5023/2026

Haridas S/o. Ambadas Waghmode.
VERSUS
Shivani D/o. Ramkisan Dhaktode And Ors.
...
Advocate for Applicant : Mr. Avishkar D. Patil h/f Mr. S. J. Salunke
…..

CORAM : SANJAY A. DESHMUKH, J.
DATED : 17th JUNE, 2026

PER COURT :-

1. This is an application filed for condonation of delay of 555
days caused in filing the first appeal. Perused the application. Heard
learned advocate for the applicant. It is contended that the financial
position of the applicant is weak and he could not manage for the
funds to file appeal because of weak financial position. The delay is
not deliberately caused. He prayed for condonation of delay. In the
interest of justice and to decide the lis finally on merits, this Court is
of the view that there are sufficient reasons to condone the delay.
The application therefore, deserves to be allowed in the interest of
justice. The application is thus, allowed. The delay of 555 days is
condoned.

2. In first appeal, issue notice to the respondents, returnable
on 29.07.2026. Call for record and proceedings.

(SANJAY A. DESHMUKH, J.)

rlj/

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