Bombay High Court

Mangala Shankar Shinde and AnotherversusKailas Soma Koli (Shirsath) and Others

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

Holding

The court held that the delay was not deliberate and therefore condoned the 97‑day delay in filing the first appeal.

Summary

The applicants filed a civil application seeking condonation of a 97‑day delay in filing their first appeal. The court examined the reasons provided and found the delay was not deliberate. Consequently, the court allowed the application and condoned the delay in the interest of justice. An issue notice was issued to the respondents, to be returned by 1 July 2026. The matter was listed for further hearing.

Issues considered

Whether a delay of 97 days in filing a first appeal can be condoned under the Civil Procedure Code

Subjects

condonation of delay
first appeal
civil procedure
interest of justice

Judgment

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                  916 CIVIL APPLICATION NO. 5087 OF 2026
                             IN FAST/11735/2026

              MANGALA SHANKAR SHINDE AND ANOTHER
                                  VERSUS
              KAILAS SOMA KOLI (SHIRSATH) AND OTHERS
                                     ...
Mr. M. M. Bhokarikar, Advocate for Applicants

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED      : 30th APRIL, 2026

P. C. :-

1.           The present Civil Application is filed for condonation of delay of

97 days caused in filing the first appeal.


2.           Perused the application and heard learned advocate for the

applicants. Considering the reasons stated in the application, it appears that

the delay caused is not deliberate. Therefore, the application is allowed. The

delay in filing the appeal is condoned in the interest of justice.


3.           In FA(ST) No. 11735 of 2026, issue notice to the Respondents,

returnable on 1st July, 2026.


4.           Call R and P.

                                             (SANJAY A. DESHMUKH, J.)


ssp



916 CA 5087.2026.odt                                                     1 of 1

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