Bombay High Court

NALINI RAMESH KOLHE AND ORSversusTHE COLLECTOR, JALGAON AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that a delay of ten to twenty‑three days is condonable and the civil applications may be allowed even if some respondents do not appear.

Summary

The High Court of Bombay (Aurangabad Bench) heard a series of civil applications (CAs 9672‑9680 of 2025) filed by various applicants against the Collector, Jalgaon and others. After service of notice, respondents 1 and 2 appeared, but respondents 3 and 4 did not appear in any of the applications. The applicants sought condonation of a filing delay ranging from 10 to 23 days. The Court examined whether such a short delay could be condoned and whether the applications could proceed despite the non‑appearance of some respondents. Finding the delay minimal and the reasons satisfactory, the Court condoned the delay, allowed all the civil applications, directed that the first appeals be registered, and ordered the applications to be disposed of.

Issues considered

Whether a delay of ten to twenty‑three days in filing civil applications is condonable under procedural law.
Whether civil applications may be allowed when certain respondents fail to appear after service of notice.

Subjects

civil procedure
condonation of delay
first appeal
service of notice
non‑appearance of respondents

Judgment

                 1                     933 to 941 ca 9672.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           BENCH AT AURANGABAD

    933 CIVIL APPLICATION NO. 9672 OF 2025
                     IN
    FIRST APPEAL STAMP NO. 22214 OF 2025

  Chandrakant Ukha Patil               ..   Applicant
       Versus
  The Collector, Jalgaon and others    ..   Respondents

                     AND
    934 CIVIL APPLICATION NO. 9673 OF 2025
                      IN
    FIRST APPEAL STAMP NO. 22211 OF 2025

  Sachin Suresh Narkhede
  Since deceased through his L.Rs.
  Devyani Sachin Narkhede and others   ..   Applicants
        Versus
  The Collector, Jalgaon and others    ..   Respondents

                     AND
    935 CIVIL APPLICATION NO. 9674 OF 2025
                      IN
    FIRST APPEAL STAMP NO. 22200 OF 2025

  Jagannath Gansa Kolhe
  Since deceased through his L.Rs.
  Anil Jagannath Kolhe and others      ..   Applicants
        Versus
  The Collector, Jalgaon and others    ..   Respondents

                     AND
    936 CIVIL APPLICATION NO. 9675 OF 2025
                      IN
    FIRST APPEAL STAMP NO. 22192 OF 2025

  Nalini Ramesh Kolhe and others       ..   Applicants
       Versus
               2                    933 to 941 ca 9672.25

The Collector, Jalgaon and others   ..   Respondents

                   AND
  937 CIVIL APPLICATION NO. 9676 OF 2025
                    IN
  FIRST APPEAL STAMP NO. 22187 OF 2025

Prakash Ramchandra Yeole            ..   Applicant
     Versus
The Collector, Jalgaon and others   ..   Respondents

                   AND
  938 CIVIL APPLICATION NO. 9677 OF 2025
                    IN
  FIRST APPEAL STAMP NO. 22326 OF 2025

Mitharam Shamu Narkhede and others ..    Applicants
     Versus
The Collector, Jalgaon and others  ..    Respondents

                   AND
  939 CIVIL APPLICATION NO. 9678 OF 2025
                    IN
  FIRST APPEAL STAMP NO. 22368 OF 2025

Suresh Shridhar Yeole               ..   Applicant
     Versus
The Collector, Jalgaon and others   ..   Respondents

                   AND
  940 CIVIL APPLICATION NO. 9679 OF 2025
                    IN
  FIRST APPEAL STAMP NO. 22336 OF 2025

Sopan Vishnu Narkhede               ..   Applicant
     Versus
The Collector, Jalgaon and others   ..   Respondents
                       3                        933 to 941 ca 9672.25

                          AND
         941 CIVIL APPLICATION NO. 9680 OF 2025
                           IN
         FIRST APPEAL STAMP NO. 22322 OF 2025

      Yogesh Narayan Patil and another         ..   Applicants
           Versus
      The Collector, Jalgaon and others        ..   Respondents


Shri Hemant U. Dhage, Advocate h/f Shri Shyam C. Arora,
Advocate for the Applicant in all matters.
Mrs. V. S. Choudhari, A.G.P. for the Respondent Nos. 1 and 2 in
C. A. No. 9672/2025 and C. A. No. 9677/2025.
Mrs. P. V. Diggikar, A.G.P. for the Respondent Nos. 1 and 2 in C.
A. No. 9673/2025 and C. A. No. 9678/2025.
Mrs. Deepali S. Jape, A.G.P. for the Respondent Nos. 1 and 2 in
C. A. No. 9674/2025 and C. A. No. 9679/2025.
Mrs. Meenakshi L. Sangit, A.G.P. for the Respondent Nos. 1 and
2 in C. A. No. 9675/2025 and C. A. No. 9680/2025.
Mrs. Dr. Kalplata B. Patil Bharaswadkar, A.G.P. for the
Respondent Nos. 1 and 2 in C. A. No. 9676/2025.


                   CORAM : MANJUSHA A. DESHPANDE, J.
                    DATE : 27TH AUGUST, 2026.

ORDER :


.     In all these matters after notice the respondents are
serviced. However, none appears for the respondent Nos. 3 and 4
in all these civil applications.


2.    Considering the fact that delay caused in all these civil
applications is meager ranging from 10 days to 23 days and for
the reasons stated in the applications, the civil applications are
                      4                          933 to 941 ca 9672.25

allowed. The delay stands condoned. Office shall register the
first appeals. The civil applications stand disposed of.



                              [ MANJUSHA A. DESHPANDE J. ]


bsb/Aug. 26

Continue reading with your account

Checking your session…