Bombay High Court

DASA NIVRUTTI SHINDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that the 91‑day delay in filing the first appeal is condoned.

Summary

The applicant filed a civil application seeking condonation of a 91‑day delay in filing the first appeal. The court examined the application and found that the delay was neither deliberate nor intentional. In the interest of justice, the court allowed the application, condoning the delay. Consequently, the first appeal was ordered to proceed, with notice to be issued on 16‑04‑2026. The application was thereafter disposed.

Issues considered

Whether a delay of 91 days in filing a first appeal can be condoned under the principles of natural justice and procedural law

Subjects

condonation of delay
first appeal
civil procedure
interest of justice

Judgment

                                                 928 CA NO. 9777 OF 2014.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            928 CIVIL APPLICATION NO. 9777 OF 2014
                       IN FAST/23147/2014

                       Dasa Nivrutti Shinde
                              VERSUS
              The State Of Maharashtra And Others
                                 ...
Mr. M. A. Kulkarni and Mr. V. M. Humbe, Advocate for Applicant
Ms. Anuradha S. Mantri, AGP for Respondents/State

                     CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 18.03.2026
PER COURT :-

1.          Heard.


2.          This is an application for condonation of delay of 91

days caused in filing the first 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 91 days caused in filing the first appeal is
           condoned.
c.         The application is disposed of.


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                                    (( 2 ))      928 CA NO. 9777 OF 2014


FIRST APPEAL

1.         Issue     notice   to   the   respondents,    returnable           on

16.04.2026.

2.         Learned AGP waives service of notice for Respondent

Nos.1 and 2/State.

3.         Learned advocate for the appellant seeks leave to serve

respondent No.3 by way of private service, in addition to regular

mode of service.

4.         Leave granted. Call Record and Proceedings.



                                   [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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