Bombay High Court

SHABBIR JAINU MULLA (MULLANI) SINCE DECEASED THROUGH LRS SUGARABBI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and allowed the civil applications for condonation of delay.

Summary

The applicants, comprising the heirs of Ram Ambaji Kadbane, Shabbir Jainu Mulla, and Fulchand Madhav Bhosale, filed civil applications seeking condonation of delay in filing their first appeals, which were delayed by 588, 630, and 639 days respectively. The respondents, the State of Maharashtra and other parties, opposed the condonation. The applicants explained the reasons for the delay in paragraphs 7 and 8 of their applications. The Court examined whether the explanations justified condoning such extensive delays under the principles of equity and procedural law. Finding the explanations satisfactory, the Court held that the delay deserved condonation. Consequently, the applications were allowed, the delays were condoned, and the first appeals were ordered to be registered. The civil applications were thereafter disposed of.

Issues considered

Whether the delay of 588, 630 and 639 days in filing first appeals can be condoned under the law.

Subjects

condonation of delay
first appeal
civil procedure
limitation period
High Court

Judgment

2026:BHC-AUG:38804




                                            1                 943 to 045 ca 1944.26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         943 CIVIL APPLICATION NO. 1944 OF 2026
                                          IN
                         FIRST APPEAL STAMP NO. 37042 OF 2025

                       Ram Ambaji Kadbane
                       Since deceased through his L.Rs.
                       Vasant and others                      ..   Applicants
                             Versus
                       The State of Maharashtra and others    ..   Respondents

                                          AND
                         944 CIVIL APPLICATION NO. 3458 OF 2026
                                           IN
                          FIRST APPEAL STAMP NO. 413 OF 2025

                       Shabbir Jainu Mulla (Mullani)
                       Since deceased through his L.Rs.
                       Sugarabbi and others                   ..   Applicants
                             Versus
                       The State of Maharashtra and others    ..   Respondents

                                          AND
                         945 CIVIL APPLICATION NO. 3502 OF 2026
                                           IN
                         FIRST APPEAL STAMP NO. 36682 OF 2025

                       Fulchand Madhav Bhosale                ..   Applicant
                            Versus
                       The State of Maharashtra and others    ..   Respondents

                 Shri A. P. Nahar, Advocate h/f Shri Anand P. Bhandari,
                 Advocate for the Applicants in all matters.
                 Mrs. Dr. Kalplata B. Patil Bharaswadkar, A.G.P. for the
                 Respondent Nos. 1 and 2 in C. A. No. 1944/2026 and C. A. No.
                 3502/2026.
                 Mrs. V. S. Choudhari, A.G.P. for the Respondent Nos. 1 and 2 in
                 C. A. No. 3458/2026.
                              2                   943 to 045 ca 1944.26

Shri R. A. Tambe, Advocate for the Respondent No. 3 in C. A. No.
3458/2026.
Mrs. Sunita D. Shelke, Advocate for the Respondent No. 3 in C.
A. No. 3502/2026.

                  CORAM : MANJUSHA A. DESHPANDE, J.
                   DATE : 27TH AUGUST, 2026.

ORDER :


.     These civil applications are for condonation of delay of 588,
630 and 639 days respectively caused in filing first appeals.
Present civil applications are filed by the claimants.


2.    The reason for delay has been explained by the applicants
in para Nos. 7 and 8 of the applications.          In view of the
explanation given by the applicants, the delay deserves to be
condoned.


3.    For the reasons stated in the applications, the civil
applications are allowed.    The delay is condoned. Office shall
register the first appeals. The civil applications are disposed of.



                              [ MANJUSHA A. DESHPANDE J. ]


bsb/Aug. 26

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