Bombay High Court

SHIVAJI NANABHAU BHAVARversusSADASHIV DAGDU WAKHURE DIED THROUGH LRS KUSUM SADASHIVV WAKHURE AND ORS

Disposal: DISPOSED OFF

Holding

The court condoned the delay and granted leave to withdraw the appeal, disposing of it as withdrawn.

Summary

The petitioner, Shivaji Nanabhau Bhavar, filed an application seeking condonation of a 290‑day delay in filing an appeal against the judgment in the civil suit involving Sadashiv Dagdu Wakhure (deceased) and Kusum Sadashiv Wakhure. The court examined the application and, noting that the delay was not deliberate, granted condonation in the interest of justice. Subsequently, the appellant’s counsel filed a request to withdraw the appeal, which the court allowed. The appeal was therefore disposed of as withdrawn, and any pending civil applications were also dismissed. The order was pronounced by Justice Sanjay A. Deshmukh on 5 October 2026.

Issues considered

Whether a delay of 290 days in filing an appeal can be condoned under the principles of natural justice.
Whether the court may grant leave to withdraw an appeal upon the appellant’s request.

Subjects

condonation of delay
appeal withdrawal
civil procedure
interest of justice
high court

Judgment

2026:BHC-AUG:46552

(1) 69 ca 9472.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

69 CIVIL APPLICATION NO. 9472 OF 2025
IN SAST/23102/2025
WITH CIVIL APPLICATION NO. 9473 OF 2025
IN SAST/23102/2025

SHIVAJI NANABHAU BHAVAR
VERSUS
SADASHIV DAGDU WAKHURE DIED THROUGH LRS
KUSUM SADASHIV WAKHURE AND ORS

…..
Advocate for Applicant : Mr. Sunil A. Nimbalkar h/f. Amol Subhash Gandhi
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 05.10.2026

P.C.:-

Application for delay:

1. This is an application for condonation of delay of 290 days caused

in filing the appeal.

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.
(2) 69 ca 9472.25

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

condoned. The application stands allowed in the interest of justice.

Appeal:

5. The learned advocate for the appellant, on written instructions,

seeks leave to withdraw the appeal. The said instructions are marked as ‘X1’

for identification.

6. Leave granted. Appeal is disposed of as withdrawn in terms of

written instructions. Pending civil applications, if any, also stand disposed of.

[SANJAY A. DESHMUKH, J.]

mubashir

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