Bombay High Court
SHAIKH NAZIM SHAIKH NASIR MINOR U/G OF HIS NATURAL FATHER AND GUARDIAN SHAIKH NASIR SHAIKH KHABIRversusEKNATH ABARAO KHOSRE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The 37‑day delay in filing the first appeal is condoned as it was not intentional or deliberate.
Summary
The petition filed by Shaikh Nazim Shaikh Nasir, a minor represented by his natural father and guardian, sought condonation of a 37‑day delay in filing the first appeal against a decree. The application was supported by an affidavit explaining that the delay was neither intentional nor deliberate. The Hon'ble Judge examined the reasons and applied the principle that delays caused without mala fides may be condoned in the interest of justice. Consequently, the court allowed the application and ordered that the delay be condoned. The court also directed that a notice be issued to the respondents in the first appeal, with the matter returnable on 29 September 2026.
Issues considered
- Whether a delay of 37 days in filing a first appeal can be condoned under the principles of civil procedure
- Whether the delay was intentional or deliberate, warranting dismissal of the condonation request
Subjects
- condonation of delay
- first appeal
- civil procedure
- interest of justice
- delay condonation
Judgment
2026:BHC-AUG:26518
ca4147.19
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
935 CIVIL APPLICATION NO. 4147 OF 2019
IN FAST/4536/2019
Shaikh Nazim Shaikh Nasir Minor U/g Of His Natural Father And
Guardian Shaikh Nasir Shaikh Khabir
VERSUS
Eknath Abarao Khosre and others
...
Advocate for Applicant : Mr. Khedkar Amol P.
…..
CORAM : SANJAY A. DESHMUKH, J.
DATED : 7th JULY, 2026
PER COURT :-
1. This is an application for condonation of delay of 37 days
caused in filing the first appeal. Perused the application.
Considering the reasons stated in the application, it appears that the
delay caused is not intentional or deliberate. Therefore, the
application is allowed in the interest of justice. Delay caused in filing
the first appeal is condoned
2. In first appeal, issue notice to the respondents, returnable
on 29.09.2026. Call for record and proceedings.
(SANJAY A. DESHMUKH, J.)
rlj/
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