Bombay High Court

UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY AND ORSversusSANTOSH SHIVRAM KANHUJE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court condoned the delay and ordered registration of the first appeal.

Summary

The Union of India, represented by the General Manager of Central Railway, filed a civil application seeking condonation of a 277‑day delay in preferring a first appeal. The respondents, Santosh Shivram Kahnuje and others, opposed the condonation. The court noted that although a stay application had been filed, no notices were issued and similar matters were scheduled for final disposal on 12‑02‑2026. Relying on the reasons set out in the applicant's petition, the court held that the delay could be condoned. Consequently, the first appeal was ordered to be registered and the civil application was disposed.

Issues considered

Whether the 277‑day delay in filing the first appeal can be condoned under the provisions of the Civil Procedure Code

Subjects

condonation of delay
first appeal
civil procedure
High Court
registration of appeal

Judgment

2026:BHC-AUG:5323

1 32 ca 9527.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 9527 OF 2023
IN
FIRST APPEAL STAMP NO. 23531 OF 2023

Union of India through the
General Manager, Central Railway
and others .. Applicants
Versus
Santosh Shivram Kahnuje and others .. Respondents

Shri Ajay G. Talhar, D.S.G.I. for the Applicants.
Shri D. A. Bide, Advocate for the Respondent Nos. 1 to 5.

CORAM : SHAILESH P. BRAHME, J.
DATE : 06TH FEBRUARY, 2026.

FINAL ORDER :

. Applicants seek to condone delay of 277 days caused in
preferring first appeal.

3. It transpires from record that though application for stay is
filed, notices are not issued. The similarly situated matters are
kept on 12.02.2026 for final disposal.

4. For the reasons stated in the application delay stands
condoned. Office shall register the first appeal. The civil
application is disposed of.

[ SHAILESH P. BRAHME J. ]

bsb/Feb. 26

Continue reading with your account

Checking your session…