Bombay High Court

ZILLA PARISHAD NANDURBAR THROUGH ITS CEO AND ANOTHERversusPUNDALIK GOKUL SUTAR AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court condoned the 182‑day delay and restored the second appeal to its original stage.

Summary

The Zilla Parishad Nandurbar filed a civil application seeking condonation of a 182‑day delay in filing a petition for restoration of a second appeal that had been dismissed in default. The respondents opposed the condonation. The bench, relying on the Supreme Court’s principles in M.D.A. Chaudhary v. Kartar Chand and Ors., held that the delay could be condoned in the interest of justice. Consequently, the court allowed the application, condoned the delay, and restored the appeal to its original stage, while continuing the stay previously granted in related civil applications. The matter was ordered to be listed for expedited hearing of the restored appeal.

Issues considered

Whether a delay of 182 days in filing an application for restoration of a dismissed appeal can be condoned.
Whether the second appeal dismissed in default may be restored to its original stage.

Subjects

condonation of delay
restoration of appeal
civil procedure
default dismissal
interest of justice

Judgment

2026:BHC-AUG:44216

(1) 88 ca 7339.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

88 CIVIL APPLICATION NO. 7339 OF 2026
IN SA/289/2014

ZILLA PARISHAD NANDURBAR THROUGH ITS CEO AND ANOTHER
VERSUS
PUNDALIK GOKUL SUTAR AND ANOTHER

…..
Advocate for Applicant : Mr. Patil Pravin S.
AGP for Respondents/State : Mr. P.M. Kulkarni
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 28.09.2026

P.C.:-

1. This is an application for condonation of delay of 182 days caused

in filing the application for restoration of the second appeal which was

dismissed in default.

2. Perused the application. Heard the learned advocates for both

the sides.

3. The learned advocate for the respondents strongly opposed the

application. However, considering the reasons stated in the application and

the peculiar set of facts of the case and as per the law laid down by the

Hon’ble Supreme Court in the case of M.D.A. Chaudhary v. Kartar Chand and

Ors.; MANU/SC/0877/2025, to decide the lis finally on merit the application
(2) 88 ca 7339.26

deserves to be allowed. The delay of 182 days stands condoned. The

application stands allowed in the interest of justice. Appeal be restored to its

original stage.

4. As per oral prayer made by the learned advocate for the

applicants, the stay granted by this Court in civil application nos.1119/2012

and 1120/2012 shall continue to operate till the decision of the appeal.

5. Hearing of the appeal is expedited. Learned advocate for both

the sides to argue the appeal on the next date.

6. Call record and proceedings. Hamdast allowed.

7. Place the appeal for hearing on 09.10.2026 at 02.30 p.m.

[SANJAY A. DESHMUKH, J.]

mubashir

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