Bombay High Court

MRS. DIPALI VIJAY PATEL (GUJAR) @ DIPALI MANILAL PATEL (PATIL).versusSHRI. VIJAY NARADKISHOR PATEL (GUJAR).

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the condonation of delay, permitting the appeal to be registered after removal of objections.

Summary

Mrs. Dipali Vijay Patel filed two civil applications (Nos. 540/2026 and 543/2026) seeking condonation of a four‑day delay in filing an appeal against her husband, Shri Vijay Naradkishor Patel. The applicant’s counsel, Mr. Bhargav Bhushan Kulkarni, appeared, but the respondent’s counsel was absent despite service. The court examined the reasons for the delay as stated in the application and found them satisfactory. Consequently, the court allowed the applications for condonation of delay as per prayer clause‑B. The appeal was ordered to be registered after clearing all procedural objections, and notice was to be issued to the respondent, returnable on 21‑Oct‑2026, with private service also permitted.

Issues considered

Whether a four‑day delay in filing the appeal can be condoned under the Civil Procedure Code

Subjects

condonation of delay
civil procedure
appeal registration
service of notice
private service

Judgment

                                1                    942 & 943 CIVIL APPLICATION



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

             942 CIVIL APPLICATION NO. 540 OF 2026
                      IN FCAST/38467/2025
                             WITH
               CIVIL APPLICATION NO. 541 OF 2026
                      IN FCAST/38467/2025

  MRS. DIPALI VIJAY PATEL (GUJAR) @ DIPALI MANILAL PATEL
                           (PATIL).
                          VERSUS
          SHRI. VIJAY NARADKISHOR PATEL (GUJAR).
                              ...
Adv. Bhargav Bhushan Kulkarni, Advocate for Applicant
                              …

                                    AND

          943 CIVIL APPLICATION NO. 543 OF 2026
                    IN FCAST/38481/2025
  MRS. DIPALI VIJAY PATEL (GUJAR) @ DIPALI MANILAL PATEL
                           (PATIL).
                          VERSUS
          SHRI. VIJAY NARADKISHOR PATEL (GUJAR).
                              ...
Adv. Bhargav Bhushan Kulkarni, Advocate for Applicant
                              ...
                     CORAM : SANDIPKUMAR C. MORE AND
                               VAISHALI PATIL-JADHAV, JJ.

                       DATED : 22/09/2026
Per Court:

.    Heard.


2.   learned    counsel   for   the    applicant,   respondent-husband

despite   service,   remained       absent.   The   application              is    for

condonation of a period of four days only. In view of the reasons
                                 2                 942 & 943 CIVIL APPLICATION



stated in application, the application stands allowed in terms of

prayer clause-B. The appeal be registered after removal of all the

office objections.


3.         On registration of the appeal, issue notice to respondent,

returnable on 21.10.2026.


4.         In addition to the regular mode, private service is also

allowed.



( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/

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