Bombay High Court

PARWATIBAI BHIMRAO BENDEversusSHIVAJI WAMANRAO TONG AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court held that the 381‑day delay in filing the cross‑objection is condoned as it was not deliberate or intentional.

Summary

The petition filed by Parwatibai Bhimrao Bende sought condonation of a 381‑day delay in filing a cross‑objection in Civil Application No. 9703 of 2026. The respondent opposed the condonation, arguing that no sufficient reason was shown for the delay and prayed for rejection. The court examined the application and found that the delay was neither deliberate nor intentional. In the interest of justice, the court decided that the delay could be condoned. Consequently, the application was allowed, the delay was condoned, and the cross‑objection was ordered to be registered.

Issues considered

Whether a delay of 381 days in filing a cross‑objection can be condoned under civil procedure law.

Subjects

condonation of delay
cross‑objection
civil procedure
interest of justice
court order

Judgment

                                                 901 SA NO. 515 OF 2021.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           901 CIVIL APPLICATION NO. 9703 OF 2026
                    IN X-OBJST/27099/2026

                    Parwatibai Bhimrao Bende
                              VERSUS
                Shivaji Wamanrao Tong And Others
                                 …
Mr. Ghatol Patil Shahaji B., Advocate for Applicant
Mr. Prakashsing B. Patil For Appellant In Sa, Adv. V. P. Latange For
R/2 In Sa, Advocate for Respondents
                               WITH
 CIVIL APPLICATION NO. 12064 OF 2021 IN SA/515/2021WITH
                SECOND APPEAL NO. 515 OF 2021
                                ….

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

CIVIL APPLICATION NO. 9703 OF 2026 IN X-OBJST/27099/2026

1.          Heard.


2.          This is an application for condonation of delay of 381

days caused in filing the Cross-objection.


3.          The learned Advocate for respondent strongly opposed

the application and submitted that there is no sufficient reason to

condone the delay. He lastly prayed to reject the application.


4.          Perused the application.         For the reasons stated



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                                    (( 2 ))      901 SA NO. 515 OF 2021


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 381 days caused in filing the Cross-objection is

           condoned.

c.         The Cross-objection be registered accordingly.



.          List Second Appeal 515 of 2021 alongwith the pending civil

applications therein and Cross-Objection on 07.09.2026.




                                      [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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