Bombay High Court

Smt Aruna Prabhakar Bhalerao (Bhavsar) and OthersversusRahul Bhanudas Kulkarni and Another

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

Holding

The court held that the 96‑day delay was not deliberate and could be condoned in the interest of justice.

Summary

The petitioners filed a civil application seeking condonation of a 96‑day delay in filing their first appeal. The court examined the reasons provided and found that the delay was not deliberate. Consequently, the court allowed the application, condoning the delay in the interest of justice. The court also issued a notice to the respondents in the related first appeal, to be returned by 1 July 2026. The matter was listed for further hearing.

Issues considered

Whether a delay of 96 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

                  917 CIVIL APPLICATION NO. 5094 OF 2026
                             IN FAST/11731/2026

     SMT ARUNA PRABHAKAR BHALERAO (BHAVSAR) AND OTHERS
                                  VERSUS
              RAHUL BHANUDAS KULKARNI AND ANOTHER
                                     ...
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

96 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. 11731 of 2026, issue notice to the Respondents,

returnable on 1st July, 2026.


4.           Call R and P.

                                             (SANJAY A. DESHMUKH, J.)


ssp



917 CA 5094.2026.odt                                                     1 of 1

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