Bombay High Court

MAHADEVRAO DATTATRAY KADAMversusSATISH MADHAVRAO KADAM AND ANR

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

Holding

The court held that the 18‑day delay in filing the first appeal is condoned.

Summary

The appellant Mahadevrao Dattatray Kadam filed a civil application seeking condonation of an 18‑day delay in filing his first appeal. The respondent No.2 opposed the condonation, arguing there was no sufficient reason. The court examined the application and found that the delay was neither deliberate nor intentional and that condoning it would serve the interests of justice. Consequently, the court allowed the application and condoned the delay. The court also issued notice to the respondents for the first appeal, waived service for respondent No.2, and granted leave to serve respondent No.1 by private mode.

Issues considered

Whether an 18‑day delay in filing a first appeal can be condoned under the principles of justice and procedural law

Subjects

condonation of delay
first appeal
civil procedure
service of notice
interest of justice

Judgment

                                              944 CA NO. 9915 OF 2018.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            944 CIVIL APPLICATION NO. 9915 OF 2018
                       IN FAST/21435/2018

                   Mahadevrao Dattatray Kadam
                             VERSUS
                Satish Madhavrao Kadam And Anr
                                ...
Mr. Darandale Abhijit C., Advocate for Applicant
Mr. S. N. Pagare, Advocate for Respondent No.2
                                ….

                     CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 02.07.2026
PER COURT :-

1.          Heard.


2.          This is an application for condonation of delay of 18

days caused in filing the first appeal.


3.          The learned Advocate for respondent No.2 strongly

opposed the application and submitted that there is no sufficient

reason to condone the delay.


4.          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:



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                                    (( 2 ))        944 CA NO. 9915 OF 2018


                               ::ORDER::

a.         Civil Application is allowed.

b.         The delay of 18 days caused in filing the first appeal is

           condoned.


FIRST APPEAL

1.          Issue   notice    to   the     respondents,    returnable           on

24.09.2026.

2.          Learned Advocate Mr. S. N. Pagare waives service of

notice for Respondent No.2.

3.          Learned Advocate for the appellant seeks leave to serve

respondent No.1 by private mode, in addition to the regular mode of

service.

4.          Leave granted. Call Record and Proceedings.



                                           [ SANJAY A. DESHMUKH, J. ]

HRJadhav




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