Bombay High Court

SOPAN VISHNU NARKHEDEversusTHE COLLECTOR, JALGAON AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

A short, justified delay of up to 23 days is condonable, and the civil applications were allowed.

Summary

The Bombay High Court, Aurangabad Bench, heard a series of civil applications (CAs 9672‑9680 of 2025) filed by various applicants against the Collector, Jalgaon and others. After notice, the respondents were served but respondents numbered 3 and 4 did not appear in any of the matters. The applicants sought relief despite a filing delay ranging from 10 to 23 days. The Court examined whether such a short delay could be condoned under procedural law. Finding the delay minimal and justified by the reasons stated, the Court condoned the delay, ordered the registration of the first appeals, and allowed the civil applications, thereby disposing of them.

Issues considered

Whether a delay of 10‑23 days in filing civil applications is condonable under the Civil Procedure Code.
Whether service of notice to respondents satisfies procedural requirements when some respondents do not appear.

Subjects

civil procedure
condonation of delay
service of notice
first appeal
High Court order

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

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