Bombay High Court
Shriraj Siddhaling Sambare died thr LRS Shriraj Siddhaling Sambare and orsversusSahebrao Shesherao Mete and ors
- Disposal
- APPLICATION ALLOWED
Holding
The court condoned the delay and disposed of the second appeal on account of the parties' mediated compromise.
Summary
The petitioners sought condonation of a 899‑day delay in filing a second appeal against a decree in the estate of the deceased Siddhaling Sadashiv Samare. The High Court, after hearing counsel, allowed the condonation application in the interest of justice. The matter was then referred to mediation, where the mediator reported a successful settlement. The parties filed the compromise agreement with verification, and the court recorded the mediation report. Consequently, the second appeal and a pending stay application were disposed of in view of the compromise.
Issues considered
- Whether a delay of 899 days in filing a second appeal can be condoned under the applicable limitation provisions.
- Whether the court can dispose of the second appeal on the basis of a mediated compromise.
Subjects
- condonation of delay
- second appeal
- mediation
- compromise
- civil procedure
- stay of execution
Judgment
2026:BHC-AUG:37184
1 907 ca.8880.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
907 CIVIL APPLICATION NO. 8880 OF 2025
IN SAST/24834/2025
WITH
SECOND APPEAL (STAMP) NO.24834 OF 2025
SIDDHALING SADASHIV SAMBARE DIED THROUGH LRS
SHRIRAJ SIDDHALING SAMBARE AND OTHERS
VERSUS
SAHEBRAO SHESHERAO METE AND OTHERS
...
Advocate for Applicant : Mr. Pandurang Jadhav Hanumant.
Advocate for Respondent Nos.1 & 2 : Mr. Vikram Sahebrao Kadam.
...
WITH
CIVIL APPLICATION NO. 8881 OF 2025
IN SAST/24834/2025
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 18th August, 2026.
P.C.:
1 Heard the learned Advocates for the applicants and respondent
Nos.1 and 2. Perused the applications.
Application for condonation of delay:
2 This is an application for condonation of delay of 899 days
caused in filing the second appeal.
3 For the reasons stated in the application, the delay stands
condoned. The application stands allowed in the interest of justice.
2 907 ca.8880.25.odt
Second Appeal :
4 By order dated 17th July, 2026, this matter was referred for
mediation.
5 Mr. V. B. Garud, the learned Mediator has submitted the report in
the sealed envelope alongwith with covering letter, stating that the
mediation is successful. The same are taken on record and marked as
“X-1” collectively for identification.
6 The learned Advocates for the appellants and respondent Nos.1
and 2 pointed out the mediation report. The said compromise pursis is
filed alongwith the verification of the parties.
7 The second appeal is disposed of in view of the said
compromise.
8 Pending civil application for stay also stands disposed of.
[ SANJAY A. DESHMUKH, J. ]
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