Bombay High Court

SHRI SADGURUBHAU ATMANAND TAPOVAN TRUST KASARE THROUGH PRESIDENT AND ORSversusTHE JOINT CHARITY COMMISSIONER, NASHIK REGION NASHIK AND ANO

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: Y G KHOBRAGADE

Holding

The Court condoned the 45‑day delay in filing the appeal, holding that the applicants' reasons were bona fide and not intentional.

Summary

The Sadgurubhau Atmanand Tapovan Trust filed a civil application seeking condonation of a 45‑day delay in filing an appeal against a judgment and award dated 06‑02‑2025 passed by the Joint Charity Commissioner, Nashik Region. The Trust alleged that its inability to file within time was due to lack of legal knowledge and age‑related health problems. The second non‑applicant, though served, did not appear, but the Assistant Public Prosecutor raised no objection to the condonation. The Court examined whether the stated reasons were bona fide and not intentional. Finding the grounds satisfactory, the Court allowed the application and condoned the 45‑day delay, directing the registration of the appeal and its listing for hearing on 25‑03‑2026.

Issues considered

Whether a delay of 45 days in filing an appeal can be condoned under the provisions of the Civil Procedure Code.
Whether lack of legal knowledge and age‑related health problems constitute sufficient cause for condonation of delay.
Whether the non‑appearance of a non‑applicant affects the Court's discretion to condone delay.

Subjects

condonation of delay
civil appeal
procedural law
health grounds
legal knowledge

Judgment

                                                          15ca7422-25

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

               15 CIVIL APPLICATION NO. 7422 OF 2025
                         IN FAST/18886/2025
           Shri Sadgurubhau Atmanand Tapovan Trust Kasare
                      Through President And Others
                                VERSUS
        The Joint Charity Commissioner, Nashik Region Nashik
                              And another
                                   ...
Mr. Wani Girish V., Advocate for Applicant
Mr. K. S. Patil, AGP for Respondent State

                         CORAM   : Y. G. KHOBRAGADE, J.
                     Dated       : 4th March, 2026
PER COURT :-
1.       Heard Mr. Girish Wani, the learned counsel appearing for the

applicants and learned APP for non-applicant no.1. Despite service,

none appeared on behalf of non-applicant no.2.


2.       By the present application, the applicants are seeking

condonation of delay      of 45 days caused while lodging the appeal

against the judgment and award dated 06.02.2025 passed by Non-

applicant No.1 in Application No. 16 of 2013.


3.       The applicants claimed that due to lack of legal knowledge

and age related health problem, they could not file the appeal within

the stipulated period.


4.       Though served, non applicant no.2 failed to appear in the

matter. The learned APP raised no objection for condonation of delay


                                                                1 of 2
                                                                        15ca7422-25

           of 45 days.


           5.       This Court is prima facie satisfied that the grounds set out in

           the application for condonation of delay are bona fide and not

           intentional. Therefore, the application is allowed, and the delay of 45

           days is hereby condoned.


           6.       Office to Register the First Appeal and place before this Court

           for consideration on 25.03.2026.




                                                        ( Y. G. KHOBRAGADE, J. )
JPChavan




                                                                              2 of 2

Continue reading with your account

Checking your session…