Bombay High Court

Kishor S/o Murlidharrao Ghuge and orsversusMudidhar S/o Satwarao ghuge and ors

Disposal: APPLICATION ALLOWED

Holding

The court held that the ten‑day delay in filing the second appeal is condoned in the interest of justice.

Summary

The applicants filed a second appeal but missed the prescribed time limit by ten days and applied for condonation of delay. The court examined the reasons provided in the application and, considering the interest of justice, decided to condone the delay. Consequently, the application for condonation was allowed and the second appeal was registered. The court also issued a notice to the respondents, setting a return date of 15 October 2026. Additionally, the appellants were granted permission to serve the respondents by private mode alongside regular service.

Issues considered

Whether a ten‑day delay in filing a second appeal can be condoned under the law?

Subjects

condonation of delay
second appeal
service of notice
private mode of service
interest of justice

Judgment

                                             1                                    955.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           BENCH AT AURANGABAD.
                      955 CIVIL APPLICATION NO. 9245 OF 2025
                                 IN SAST/22525/2025

                  KISHOR S/O MURLIDHARRAO GHUGE AND ORS
                                       VERSUS
                   MUDIDHAR S/O SATWARAO GHUGE AND ORS
                                          ...
      Advocate for Applicant : Mr. Shubhangi Digambar More.
                                          ...


                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATE       :   03rd September, 2026.
      P.C.:

      1       This is an application for condonation of delay of 10 days caused
      in filing the second appeal.

      2       Heard the learned counsel for the applicants.        Perused the
      application.

      3       For the reasons stated in the application, the delay stands
      condoned. The application stands allowed in the interest of justice.
      Appeal be registered.


      Second Appeal :

      4       Issue notice to respondents, returnable on 15th October, 2026.

      5       The learned counsel for the appellants seeks leave to serve the
      respondents by private mode. Leave granted. In addition to regular
      mode of service, private service, as is permissible in law, is permitted.




                                             [ SANJAY A. DESHMUKH, J. ]
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