Bombay High Court
PREMALA ALIAS SUMAN VILAS KULARNIversusVILAS MADHUKARRO KULKARNI
- Disposal
- APPLICATION ALLOWED
Holding
The Court held that the delay was not deliberate and therefore condoned it, restoring the appeal to its original position.
Summary
Premala alias Suman Vilas Kularni filed an application seeking condonation of a 26‑day delay in filing a petition for restoration of an appeal and requested that the appeal be returned to its original position. The Court examined the application and heard the applicant’s counsel, Mr. Sharad Shinde. It observed that the delay was not deliberately caused and, in the interest of justice, should be condoned. Accordingly, the Court condoned the delay and allowed the restoration of the appeal to its original position. The matter was ordered to be listed for notice to the respondent.
Issues considered
- Whether a delay of 26 days in filing an application for restoration of an appeal can be condoned.
Subjects
- condonation of delay
- restoration of appeal
- civil procedure
- interest of justice
Judgment
2026:BHC-AUG:37734
(1) 991 ca 9344.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
991 CIVIL APPLICATION NO. 9344 OF 2026
IN SAST/12694/2026
PREMALA ALIAS SUMAN VILAS KULARNI
VERSUS
VILAS MADHUKARRO KULKARNI
…..
Advocate for Applicant : Mr. Sharad Shinde h/f. Bhavthankar Vivek Vasantrao
…..
CORAM : SANJAY A. DESHMUKH, J.
DATE : 20.08.2026
P.C.:-
1. This is an application for condonation of delay of 26 days caused
in filing the application and for restoration of appeal to its original position.
2. Perused the application. Heard the learned advocate for
applicant.
3. On perusal of the application, it appears that the delay has not
been deliberately caused. Therefore, in the interest of justice, the delay
deserves to be condoned.
4. For the reasons stated in the application, the delay stands
condoned. The application for restoration stands allowed in the interest of
justice. Appeal be restored to its original position.
(2) 991 ca 9344.26
Appeal:
5. Issue notice to the respondent, returnable on 08.10.2026. Call
record and proceedings.
[SANJAY A. DESHMUKH, J.]
mubashir
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