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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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