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Bombay High Court

ASHOK BAPURAO LAGADversusBALAJI RAMBHAU LAGAD AND OTHERS

Disposal
APPLICATION ALLOWED

Holding

The court condoned the 56‑day delay, subject to the removal of office objections.

Summary

The applicant, Ashok Bapurao Lagad, filed a civil application seeking condonation of a 56‑day delay in filing an appeal. The application was heard before Justice Sanjay A. Deshmukh, who noted that the delay was not deliberately caused. The court held that, in the interest of justice, the delay should be condoned provided the office objections are removed within two weeks. The court directed that the respondents be given notice and the matter be returnable on 8 October 2026. The application was therefore allowed, subject to the removal of the office objections.

Issues considered

  • Whether a delay of 56 days in filing an appeal can be condoned under the principles of justice and procedural law.

Subjects

  • condonation of delay
  • civil procedure
  • appeal
  • High Court of Bombay
  • interest of justice

Judgment

2026:BHC-AUG:37723



                                                  (1)                 990 ca 9330.06

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             990 CIVIL APPLICATION NO. 9330 OF 2026
                                       IN SAST/25175/2026

                                      ASHOK BAPURAO LAGAD
                                             VERSUS
                               BALAJI RAMBHAU LAGAD AND OTHERS

                                                  …..
                        Advocate for Applicant : Mr. Chaudhari Nitin Keshavrao
                                                  …..

                                            CORAM :     SANJAY A. DESHMUKH, J.
                                            DATE :      20.08.2026

           P.C.:-

           1.           Leave to correct the addresses of respondents in both second

           appeal and civil application. Leave granted. Necessary amendment be carried

           out within a week.


           Civil Application for delay:

           2.           This is an application for condonation of delay of 56 days caused

           in filing the appeal.


           3.           Perused the application.        Heard the learned advocate for

           applicant.


           4.           On perusal of the application, it appears that the delay has not

           been deliberately caused.      Therefore, in the interest of justice, the delay
                                     (2)                  990 ca 9330.06

deserves to be condoned, subject to removal of office objections. If office

objections are not removed within two weeks this application shall be deemed

to be dismissed.


5.          For the reasons stated in the application, the delay stands

condoned. The application stands allowed in the interest of justice, subject to

removal of office objections



Appeal:

6.          Issue notice to the respondents, returnable on 08.10.2026. Call

record and proceedings.



                                                [SANJAY A. DESHMUKH, J.]




mubashir


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