Bombay High Court

AKSHAY S/O. BHAGWAN GHODAKE.versusJITENDRA S/O. BALKRISHNA KABADI AND ANR.

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

Holding

The court condoned the 69‑day delay in filing the first appeal.

Summary

Akshay Ghodake filed a civil application seeking condonation of a 69‑day delay in filing his first appeal. The applicant’s counsel, Mr. Shashikant E. Shekade, submitted reasons for the delay, which the court found were not deliberate. The bench, after hearing the applicant, decided that justice required condoning the delay. Consequently, the application for condonation was allowed. The court also issued notice to the respondents in the first appeal, setting a return date of 09‑09‑2026 for further proceedings.

Issues considered

The delay of 69 days in filing the first appeal and whether it can be condoned under the principles of civil procedure.

Subjects

condonation of delay
first appeal
civil procedure
interest of justice

Judgment

                                                               ca5522.26
                                    -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

             938 CIVIL APPLICATION NO. 5522 OF 2026
                         IN FAST/7145/2026

                   Akshay S/o. Bhagwan Ghodake
                              VERSUS
              Jitendra S/o. Balkrishna Kabadi And Anr.
                                   ...
Advocate for Applicant : Mr. Shashikant E. Shekade
                                  …..

                      CORAM : SANJAY A. DESHMUKH, J.
                      DATED : 17th JUNE, 2026

PER COURT :-


1.        The civil application is filed for condonation of delay of 69

days caused in filing the first appeal. Perused the application and

heard learned advocate for the applicant. Considering the reasons

stated in the application, it appears that the delay caused is not

deliberate. Therefore, the application is allowed. The delay caused

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



2.        In first appeal, issue notice to the respondents, returnable

on 09.09.2026. Call for record and proceedings.



                                     (SANJAY A. DESHMUKH, J.)

rlj/

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