Bombay High Court

PRABHAKAR UDDHAVRAO KULKARNIversusVIVEK TULSIDAS DESHMUKH AND ANR

Disposal: APPLICATION ALLOWED

Holding

The court held that the 40‑day delay in filing the Second Appeal is condoned as it was not deliberate or intentional.

Summary

The petitioner, Prabhakar Uddhavrao Kulkarni, filed Civil Application No. 4983 of 2026 seeking condonation of a 40‑day delay in filing a Second Appeal. The application was supported by Senior Advocate Sanjeev B. Deshpande and advocates Priyanka Ashok and Sandeep M. Rebari. The court examined whether the delay was deliberate or intentional and considered the interest of justice. It found that the delay was neither deliberate nor intentional. Consequently, the court allowed the application and ordered that the 40‑day delay be condoned. The order also directed that notice be issued to the respondents for the Second Appeal, returnable on 28‑10‑2026.

Issues considered

Whether a delay of 40 days in filing a Second Appeal can be condoned under civil procedure law

Subjects

condonation of delay
second appeal
civil procedure
interest of justice

Judgment

                                               962 CA NO. 4983 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           962 CIVIL APPLICATION NO. 4983 OF 2026
                      IN SAST/9544/2026

                 Prabhakar Uddhavrao Kulkarni
                            VERSUS
               Vivek Tulsidas Deshmukh And Anr
                               ...
Mr. Sanjeev B. Deshpande Senior Advocate i/b Ms. Deshpande
Priyanka Ashok And Mr. Sandeep M. Rebari, Advocates for
Applicant
                             WITH
   CIVIL APPLICATION NO. 4984 OF 2026 IN SAST/9544/2026

                   CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 23.09.2026
PER COURT :-
CIVIL APPLICATION NO. 4983 OF 2026

1.          Heard learned Advocate for the Applicant.

2.          This is an application for condonation of delay of 40

days caused in filing the Second 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 40 days caused in filing the Second Appeal
          is condoned.

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                                      (( 2 ))       962 CA NO. 4983 OF 2026


SECOND APPEAL

1.            Heard.

2.            Issue    notice   to   the    Respondents,     returnable       on

28.10.2026.

3.            Call Record and Proceedings.

CIVIL APPLICATION NO. 4984 OF 2026

1.         Heard.

2.         Issue       notice   to   the    Respondents,     returnable       on

28.10.2026.



                                           [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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