Bombay High Court
JIJABHAU TUKARAM SHINDEversusDEELIP VITHALRAO GADGE
- Disposal
- APPLICATION ALLOWED
Holding
The court held that the delay, not being deliberate, should be condoned and the revision allowed.
Summary
The applicant, Jijabhau Tukaram Shinde, filed a civil revision seeking condonation of an eight‑day delay in filing the revision. The delay was not alleged to be deliberate. The learned counsel for the applicant submitted an affidavit supporting the request. The court examined the application and, finding no mala fide intent, held that justice required condoning the delay. Consequently, the revision was registered and the application was allowed.
Issues considered
- Whether an eight‑day delay in filing a revision can be condoned in the interest of justice
Subjects
- condonation of delay
- civil revision
- interest of justice
- procedure
- court discretion
Judgment
2026:BHC-AUG:39781
(1) 928 ca 9663.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
928 CIVIL APPLICATION NO. 9663 OF 2026
IN CRAST/25704/2026
JIJABHAU TUKARAM SHINDE
VERSUS
DEELIP VITHALRAO GADGE
…..
Advocate for Applicant : Mr. R.R. Shaikh h/f. Bayas Anandsingh Sangramsingh
…..
CORAM : SANJAY A. DESHMUKH, J.
DATE : 01.09.2026
P.C.:-
1. This is an application for condonation of delay of 8 days caused in
filing the revision.
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 stands allowed in the interest of justice. Revision
be registered.
(2) 928 ca 9663.26
Civil Revision Application :
5. Issue notice to the respondent, returnable on 30.09.2026. In
addition to regular mode, the learned advocate for the applicant is permitted
to serve the respondent by private mode.
[SANJAY A. DESHMUKH, J.]
mubashir
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