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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