Bombay High Court

AVINASH YASHWANTRAO DODALversusDR SUJATA SHIVAJIRAO AMBESANGE @ DR SUJATA GIRDHAR KARANJGAONKAR AND ANR

Disposal: APPLICATION ALLOWED

Holding

The Court held that a delay of 14 days in filing the second appeal is condonable as it was neither deliberate nor intentional and justice requires condonation.

Summary

Avinash Yashwantrao Dodal filed a civil application seeking condonation of a 14‑day delay in filing his second appeal against Dr. Sujata Shivajirao Ambesange and others. The applicant argued that the delay was not deliberate or intentional. The Court examined the reasons provided and found no prejudice to the respondents. It held that in the interest of justice the delay could be condoned. Consequently, the application was allowed and the 14‑day delay was formally condoned.

Issues considered

Whether a delay of 14 days in filing a second appeal can be condoned under the principles of justice and procedural law

Subjects

condonation of delay
second appeal
civil procedure
interest of justice

Judgment

                                               974 CA NO. 8642 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           974 CIVIL APPLICATION NO. 8642 OF 2026
                     IN SAST/22917/2026

                   Avinash Yashwantrao Dodal
                             VERSUS
       Dr Sujata Shivajirao Ambesange @ Dr Sujata Girdhar
                     Karanjgaonkar And Anr
                               ...
Mr. Vaidya Ameet Raveendra, Advocate for Applicant
                               ….

                   CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 30.09.2026
PER COURT :-

1.          Heard learned Advocate for the Applicant.

2.          This is an application for condonation of delay of 14

days caused in filing the Second Appeal.

3.          Perused the application.       For the reasons stated

therein, the application deserves to be allowed in the interest of

justice as the delay is neither deliberate nor intentional. Hence,

the following order:

                            ::ORDER::

a.        Civil Application is allowed.

b.        The delay of 14 days caused in filing the Second Appeal

is condoned.



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                                   (( 2 ))       974 CA NO. 8642 OF 2026


SECOND APPEAL

1.         Heard.

2.         Issue    notice   to   the    Respondents,     returnable       on

25.11.2026.



                                        [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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