Bombay High Court

TUKARAM GYANABA WAGHMARE AND ORS.versusSHANKAR MALLIKARJUN JANGATE AND ANR.

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

Holding

The court condoned the 26‑day delay in filing the first appeal.

Summary

The applicants filed a civil application seeking condonation of a 26‑day delay in filing their first appeal. The court examined the application and noted that the delay was neither deliberate nor intentional. Considering the interest of justice, the judge held that the delay could be condoned. Consequently, the application was allowed and the delay was formally condoned. The court also issued notice to the respondents for the first appeal, setting a return date of 29 June 2026, and disposed of the application.

Issues considered

Whether a delay of 26 days in filing a first appeal can be condoned under the principles of natural justice

Subjects

condonation of delay
first appeal
civil procedure
interest of justice
court order

Judgment

                                               921 CA NO. 3862 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            921 CIVIL APPLICATION NO. 3862 OF 2026
                       IN FAST/9036/2026

             Tukaram Gyanaba Waghmare And Ors.
                           VERSUS
             Shankar Mallikarjun Jangate And Anr.
                              ...
Mr. Chavan Prasanna Shankarrao, Advocate for Applicants
                              ….

                     CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 08.04.2026
PER COURT :-

1.          Heard.


2.          This is an application for condonation of delay of 26

days caused in filing the first appeal.


3.          Perused the application.       For the reasons stated

therein, the application deserves to be allowed in the interest of

justice as the delay is neither deliberate nor intentional. Hence,

the following order:

                              ::ORDER::

a.         Civil Application is allowed.

b.         The delay of 26 days caused in filing the first appeal is

           condoned.



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                                    (( 2 ))      921 CA NO. 3862 OF 2026


c.         The application is disposed of.


FIRST APPEAL

1.          Issue   notice   to   the    respondents,    returnable        on

29.06.2026.



                                  [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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