Bombay High Court

ABDUL NAIM SO ABDUL SAMAD AND ORSversusMOHAMMAD KABIR MOHAMMAD LAL PATEL DIED AND ORS

Disposal: APPLICATION ALLOWED

Holding

The court held that the two‑day delay in filing the second appeal is condonable as it was not deliberate or intentional.

Summary

The petitioners filed a civil application seeking condonation of a two‑day delay in filing their second appeal. The respondent opposed, arguing there was no sufficient cause to condone the delay. The court examined the application and found that the delay was neither deliberate nor intentional. In the interest of justice, the court decided to condone the delay. Consequently, the civil application was allowed, the two‑day delay was condoned, and the application was disposed.

Issues considered

Whether a delay of two days in filing a second appeal can be condoned under the principles of justice and procedural law

Subjects

condonation of delay
second appeal
civil procedure
interest of justice

Judgment

                                               971 CA NO. 9994 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           971 CIVIL APPLICATION NO. 9994 OF 2026
                     IN SAST/18255/2026

               Abdul Naim So Abdul Samad And Ors
                             VERSUS
       Mohammad Kabir Mohammad Lal Patel Died And Ors
                                ...
Mr. G R Syed, Advocate for Applicant
Mr. A. P. Gaikwad, Advocate for Respondent No.1/D
                                ….

                    CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 02.09.2026
PER COURT :-

1.         Heard.


2.         This is an application for condonation of delay of 02

days caused in filing the Second Appeal.


3.         The learned Advocate for respondent No.1/D 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 ))        971 CA NO. 9994 OF 2026


                               ::ORDER::

a.         Civil Application is allowed.

b.         The delay of 02 days caused in filing the Second Appeal is

           condoned.

c.         The application is disposed of.


FIRST APPEAL

1.          Issue   notice   to   the      respondents,    returnable           on

23.09.2026.

2.          Learned Advocate Mr. A. P. Gaikwad waives service of

notice for Respondent No.1D.




                                        [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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