Bombay High Court

ANNASAHEB NATHA KHEMNARversusBALU TUKARAM LONDHE AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The delay is condoned and the appeal is restored to its original position.

Summary

The applicant, Annsaheb Natha Khemnar, filed a civil application seeking condonation of a 16‑day delay in filing a petition for restoration of an appeal and asked that the appeal be returned to its original position. The application was heard before Justice Sanjay A. Deshmukh, who examined the pleadings and heard counsel for the applicant, Mr. Yogesh H. Lagad. The court observed that the delay was not deliberately caused and, in the interest of justice, should be excused provided any procedural objections are removed. Accordingly, the court condoned the delay and set aside the impugned order dated 17‑06‑2026. The appeal was restored to its original position and notice was issued to the respondents for a hearing on 08‑10‑2026.

Issues considered

Whether a 16‑day delay in filing an application for condonation of delay can be condoned?
Whether the appeal can be restored to its original position upon condonation of delay?

Subjects

condonation of delay
restoration of appeal
civil procedure
interest of justice

Judgment

2026:BHC-AUG:38037

(1) 987 ca 8137.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

987 CIVIL APPLICATION NO. 8137 OF 2026
IN SAST/10843/2026

ANNASAHEB NATHA KHEMNAR
VERSUS
BALU TUKARAM LONDHE AND ANOTHER

…..
Advocate for Applicant : Mr. Yogesh H. Lagad
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 20.08.2026

P.C.:-

1. This is an application for condonation of delay of 16 days caused

in filing the application and for restoration of appeal to its original position.

2. Perused the application. Heard the learned advocate for

applicant.

3. On perusal of the application, it appears that the delay has not

been deliberately caused. Therefore, in the interest of justice, the delay

deserves to be condoned, subject to removal of office objections office

objections.

4. For the reasons stated in the application, the delay stands

condoned. The application for restoration stands allowed in the interest of
(2) 987 ca 8137.26

justice. The impugned order dated 17.06.2026 is set aside. Appeal is restored

to its original position.

Appeal:

5. Issue notice to the respondents, returnable on 08.10.2026. Call

record and proceedings.

[SANJAY A. DESHMUKH, J.]

mubashir

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