Bombay High Court
PRIYANKA W/O. SHUBHAM MHASKE.versusSHUBHAM S/O. BHAGWAN MHASKE AND ANR.
- Disposal
- DISPOSED OFF
Holding
A civil application for condonation of delay does not survive when the appeal is filed within the prescribed time.
Summary
The appellant, Priyanka, filed a Family Court Appeal which was found to be within the prescribed time limit. The respondent filed a civil application seeking condonation of delay for the appeal. The court examined the office note confirming the timely filing of the appeal. Since the appeal was timely, the application for condonation of delay could not be entertained. Consequently, the court disposed of the civil application without granting any relief.
Issues considered
- What is the effect of a timely filed Family Court Appeal on a pending civil application for condonation of delay?
Subjects
- Family Court Appeal
- Condonation of delay
- Civil Procedure
- Limitation period
- Procedural law
Judgment
2026:BHC-AUG:27562
7144.26CA
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
928 CIVIL APPLICATION NO.7144 OF 2026
IN FAMILY COURT APPEAL NO.29 OF 2026
PRIYANKA W/O. SHUBHAM MHASKE.
VERSUS
SHUBHAM S/O. BHAGWAN MHASKE & ANOTHER
...
Advocate for Appellant : Mr.Ali Zeeshan Zaidi
...
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV,JJ.
DATE : 10.07.2026
P.C. :
As per office note, Family Court Appeal is filed
within time and hence Civil Application for condonation of
delay does not survive and the same stands disposed of.
[VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE]
JUDGE JUDGE
DDC
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