Bombay High Court

RABHAJI TUKARAM BUDHWANT AND ORSversusTHE COLLECTOR AHMEDNAGAR AND ORS

Disposal: DISPOSED OFF

Holding

A bona‑fide mistake justifies condoning the delay, and the civil application was allowed.

Summary

The applicants filed a civil application seeking recall of an order dated 09.06.2026, acknowledging a seven‑day delay in filing. The Court had earlier issued a conditional order requiring the petitioners to take certain steps within two weeks. The petitioners failed to comply, citing inadvertence and unavoidable circumstances, and claimed a bona‑fide mistake. They undertook to serve the required spare copies within one week from the date of the hearing. Considering the demonstrated bona‑fide intent, the Court allowed the civil application in respect of prayer clauses “C” and “D” and disposed of the application accordingly.

Issues considered

Whether a seven‑day delay in filing a civil application can be condoned on the ground of bona‑fide mistake.

Subjects

civil procedure
delay condonation
bona‑fide mistake
recall of order
High Court

Judgment

                               1                  81-CA.8488-26.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

             81 CIVIL APPLICATION NO. 8488 OF 2026
                        IN WP/3653/2026

            RABHAJI TUKARAM BUDHWANT AND ORS
                          VERSUS
            THE COLLECTOR AHMEDNAGAR AND ORS
                              ...
       Advocate for Applicants : Mr. Patekar Narendra B.
      AGP for Respondent/s-State : Ms. Dr. Kalpalata Patil
                       Bharaswadkar.
                              ...

                        CORAM : MANJUSHA A. DESHPANDE, J.
                        DATE : 05.10.2026

PER COURT :-


1.       The applicants are seeking recall of the order passed by

this Court dated 09.06.2026. There is delay of seven (7) days

in filing civil application.


2.       The Court passed a conditional order directing the

petitioners to take steps within a period of two (2) weeks.

However, the petitioners were unable to do so due to

inadvertence and unavoidable circumstances, which constitutes

a bonafide mistake on their part. The petitioners undertake to

serve the spare copies within a period of one (1) week from

today.
                             2                     81-CA.8488-26.odt


3.      Considering the bonafide shown by the applicants, the

civil application is allowed in terms of prayer clauses “C” and

“D”.


4.      Civil application stands disposed of accordingly.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

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