Bombay High Court

BALU S/O. SHYAMRAO SATHE AND ANR.versusHARIDAS S/O. GORAKSHANATH DAHATONDE AND OTH.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay of 153 days in filing the first appeal is condoned as it was not deliberate and condonation serves the interest of justice.

Summary

The applicant filed a civil application seeking condonation of a 153‑day delay in filing the first appeal. The court examined the reasons provided, noting that the delay was neither deliberate nor intentional. It considered the principle that justice should not be denied due to procedural lapses when no prejudice is shown. The judge held that, in the interest of justice, the delay could be condoned. Consequently, the civil application was allowed and the delay in filing the first appeal was formally condoned.

Issues considered

Whether a delay of 153 days in filing a first appeal can be condoned under the principles of natural justice

Subjects

condonation of delay
first appeal
civil procedure
interest of justice
procedural lapse

Judgment

                                                928 CA NO. 6462 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            928 CIVIL APPLICATION NO. 6462 OF 2026
                       IN FAST/14885/2026

               Balu S/o. Shyamrao Sathe And Anr.
                            VERSUS
        Haridas S/o. Gorakshanath Dahatonde And Oth.
                                ...
Mr. Badakh Vishal S., Advocate for Applicant
                               ….

                    CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 25.06.2026
PER COURT :-

1.          Heard learned advocate for the applicants.


2.          This is an application for condonation of delay of 153

days caused in filing the first appeal.


3.          Perused the application.       For the reasons stated

therein, the application deserves to be allowed in the interest of

justice as the delay is neither deliberate nor intentional. Hence,

the following order:

                              ::ORDER::

a.         Civil Application is allowed.

b.         The delay of 153 days caused in filing the first appeal is

           condoned.



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                                  (( 2 ))      928 CA NO. 6462 OF 2026


FIRST APPEAL

1.         Issue   notice   to   the   respondents,    returnable           on

27.08.2026.

2.         Call for Record and Proceedings.



                                 [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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