Bombay High Court

VAISHALI RAMDAS BARPHEversusHIRABAI DAMODHAR NARWADE AND ANR

Disposal: APPLICATION ALLOWED

Holding

The court held that the 28‑day delay in filing the second appeal is condoned.

Summary

The applicant, Vaishali Ramdas Barphe, filed a civil application seeking condonation of a 28‑day delay in filing a second appeal against the order dated 25.11.2026. The delay was alleged to be neither deliberate nor intentional. The court examined the application and considered the interest of justice. It found that the reasons for the delay justified condonation. Consequently, the court allowed the application and ordered that the 28‑day delay be condoned, permitting the second appeal to proceed.

Issues considered

Whether a delay of 28 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

                                               975 CA NO. 8643 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           975 CIVIL APPLICATION NO. 8643 OF 2026
                     IN SAST/22926/2026

                    Vaishali Ramdas Barphe
                            VERSUS
             Hirabai Damodhar Narwade 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 28

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 28 days caused in filing the Second Appeal

is condoned.




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                                   (( 2 ))       975 CA NO. 8643 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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