Bombay High Court

RAMESH MADHAVRAO BUTTE DIED LRS GODAVARI DIED LRS SOW. RAJANIBAI AND ANRversusGOPINATH SANGRAM HINGMIRE AND ORS

Disposal: APPLICATION ALLOWED
Bench: ARUN R PEDNEKER

Holding

The court held that the delay could be condoned and an early hearing date could be fixed, and therefore allowed both civil applications.

Summary

The matter before the Bombay High Court, Aurangabad Bench, was Second Appeal No.45 of 2016 filed by GOPINATH SANGRAM HINGMIRE and others against RAMESH MADHAVRAO BUTTE and others. Two civil applications were filed: Application No.11243 of 2024 sought condonation of a 1,103‑day delay in filing a civil application and to record the legal representatives of Appellant No.3; Application No.6484 of 2023 sought an early date of hearing. The court examined whether such procedural relaxations were permissible. It found that the delay could be condoned and that an early hearing date could be fixed. Accordingly, both civil applications were allowed. The court then listed the appeal for hearing on 17 June 2026.

Issues considered

Whether the court may condone a delay of 1,103 days in filing a civil application
Whether the court may fix an early date of hearing for the appeal

Subjects

civil procedure
condonation of delay
hearing date
high court

Judgment

                                        1                         928

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                 928 SECOND APPEAL NO. 45 OF 2016
             GOPINATH SANGRAM HINGMIRE AND ORS
                               VERSUS
     RAMESH MADHAVRAO BUTTE DIED LRS GODAVARI DIED LRS
                      SOW. RAJANIBAI AND ANR
                                  ...
                       Advocate for Appellants :
            Ms. Gunpuiya D. Ubale h/f. Mr. Shinde Ram S.
       Advocate for Respondents No.1/1/1 : Mr. G. N. Chincholkar
                                  ...
                                WITH
                CIVIL APPLICATION NO. 6484 OF 2023
                            IN SA/45/2016
                                WITH
               CIVIL APPLICATION NO. 11243 OF 2024
                            IN SA/45/2016
                                  ...

                             CORAM : ARUN R. PEDNEKER, J.
                             DATE     : 10.04.2026

PER COURT:

1.           Civil Application No.11243 of 2024 is filed to condone

the delay of 1103 days caused in filing the Civil Application and to

bring on record the legal representatives of Appellant No.3.

             For the reasons stated in the Civil Application, the Civil

Application is allowed.


2.           Civil Application No.6484 of 2023 is filed for fixing

early date of hearing.

             For the reasons stated in the Civil Application, the Civil

Application is allowed.
                                   2                           928

3.        List the Second Appeal for hearing, on 17.06.2026.




                                         [ARUN R. PEDNEKER, J.]


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