Bombay High Court

BAPURAO DADARAO NITUREversusRAKHMAJI NARAYAN SAWALKAR AND ANR

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

Holding

The court held that the delay was not deliberate and, given the applicant's hospitalization, condonation was warranted.

Summary

The applicant filed an application seeking condonation of a 384‑day delay in filing a first appeal. The delay was attributed to the applicant being hospitalized and bedridden, and it was asserted that the delay was not deliberate. The court examined the reasons provided and found them sufficient to justify condonation. It held that the interest of justice warranted allowing the application. Consequently, the court allowed the condonation, ordered the appeal to be registered, and issued notice to the respondents.

Issues considered

Whether a delay of 384 days in filing a first appeal can be condoned on the ground of the applicant's hospitalization.

Subjects

condonation of delay
civil procedure
first appeal
interest of justice
hospitalization

Judgment

1 49 ca.4695.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
49 CIVIL APPLICATION NO. 4695 OF 2024
IN FAST/8802/2024

BAPURAO DADARAO NITURE
VERSUS
RAKHMAJI NARAYAN SAWALKAR AND ANR
...
Advocate for Applicant : Mr. Jaydeep S. Kadam.
...

CORAM : SANJAY A. DESHMUKH, J.
DATE : 22nd June, 2026.
P.C.:

1 This is an application for condonation of delay of 384 days
caused in filing the first appeal.

2 Heard the learned counsel for the applicant. Perused the
application.

3 For the reasons stated in the application, the application
deserves to be allowed, as the delay is not deliberately caused. The
delay was caused because the applicant was admitted to the hospital
and was bedridden. Therefore, sufficient reason is shown to condone
the delay. The application stands allowed in the interest of justice.
Appeal be registered.

Appeal :

4 Issue notice to the respondents, returnable on 3rd August, 2026.

5 Call for record and proceedings.

[ SANJAY A. DESHMUKH, J. ]
nga

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