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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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