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Bombay High Court

Mohammad Abdul Shaikh Died Thr Lrs Adam Mohammad Shaikh and orsversusDagdu Nagnath Kasar

Disposal
APPLICATION ALLOWED

Holding

The court condoned the 47‑day delay in filing the second appeal and granted a stay of execution of the judgment to the extent of possession of the suit premises.

Summary

The applicants filed a civil application seeking condonation of a 47‑day delay in filing their second appeal and, in a separate application, a stay of execution of a judgment dated 12‑09‑2022. The court examined the reasons for the delay and found them neither deliberate nor intentional, deeming condonation appropriate in the interest of justice. Consequently, the court allowed the application and condoned the delay. In the stay application, the court noted ongoing execution proceedings and the pending warrant application, and therefore ordered a stay of execution concerning possession of the suit premises until the respondent appears. Notices were issued to the respondent in both matters, with return dates fixed. The orders were pronounced by Justice Sanjay A. Deshmukh.

Issues considered

  • Whether a delay of 47 days in filing a second appeal can be condoned.
  • Whether a stay of execution of the judgment and decree should be granted pending further hearing.

Subjects

  • condonation of delay
  • second appeal
  • stay of execution
  • civil procedure
  • interest of justice

Judgment

                                              1003 CA NO. 9621 OF 2025.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
          1003 CIVIL APPLICATION NO. 9621 OF 2025
                     IN SAST/26742/2025

Mohammad Abdul Shaikh Died Thr Lrs Adam Mohammad Shaikh
                           And Ors
                           VERSUS
                    Dagdu Nagnath Kasara
                              ...
Mr. Urgunde Suhas Parvatappa, Advocate for Applicants
                            WITH
 CIVIL APPLICATION NO. 9620 OF 2025 IN SAST/26742/2025

                   CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 28.08.2026
PER COURT :-

CIVIL APPLICATION NO. 9620 OF 2025 IN SAST/26742/2025

1.          Heard learned Advocate for the Appellants.

2.          This is an application for condonation of delay of 47

days caused in filing the Second Appeal.

3.          Perused the application.       For the reasons stated

therein, the application deserves to be allowed in the interest of

justice as the delay is neither deliberate nor intentional. Hence

the following order:

                            ::ORDER::

a.        Civil Application is allowed.
b.        The delay of 47 days caused in filing the Second Appeal
is        condoned.

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                                     (( 2 ))       1003 CA NO. 9621 OF 2025


SECOND APPEAL

1.             Issue notice to the respondent, returnable on 24.09.2026.

CIVIL APPLICATION NO. 9621 OF 2025 IN SAST/26742/2025

1.             This application is filed seeking stay to the execution of

the impugned Judgment and Decree dated 12.09.2022 passed by the

learned District Judge-2, Osmanabad in Regular Civil Appeal No.166

of 2015.

2.             Learned Advocate for the Applicants pointed out the daily

status of the execution proceedings in Regular Darkhast No.26 of

2023, wherein an application has been moved for issuance of

warrant, and the matter is posted for hearing on 29.08.2026 before

the        learned   5th   Joint    Civil      Judge,    Junior      Division,

Osmanabad/Dharashiv.

3.             In view of the above, issue notice to the Respondent as to

why stay shall not be granted. Notice be made returnable on

24.09.2026. In the meantime, there shall be stay to the execution of

the impugned Judgment and Decree to the extent of taking possession

of the suit premises, till the appearance of the Respondent and filing

of his say.


                                       [ SANJAY A. DESHMUKH, J. ]
HRJadhav


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