Bombay High Court

MUMBAI CORPORATION OF GREATER MUMBAIversusSHRI. VARNARAM SOBHAJI CHAUHAN AND ORS.

Decided: 24 March 2026
Disposal: Disposed Off
Bench: S R AGRAWAL REGISTRAR JUDL II

Holding

Since the conditional order for condonation of delay was dismissed, the first appeal was rejected and the stay application could not survive.

Summary

The appellant filed Civil Application No. 1716 of 2016 seeking condonation of delay, which was dismissed by a conditional order dated 30‑10‑2018. Consequently, the First Appeal (Stamp) No. 30709 of 2015 was rejected for non‑compliance with that conditional order. The appellant then filed Civil Application No. 1717 of 2016 requesting a stay of the rejection. The Registrar noted that the earlier conditional order had been dismissed, so the stay could not survive. Accordingly, the court disposed of the stay application. The order was signed by the Registrar (Judicial‑II) on 24‑03‑2026.

Issues considered

Whether the civil application for condonation of delay can be entertained after the conditional order was dismissed
Whether the stay granted earlier survives after the rejection of the first appeal

Subjects

condonation of delay
civil appeal
stay order
procedural law
rejection of appeal

Judgment

                              FARAD CONTINUATION SHEET NO.
                         THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                             CIVIL APPLICATION NO.1717 OF 2016
                                                      IN
                                REJECTED CASE NO.409 OF 2019
                         (FIRST APPEAL STAMP NO.30709 OF 2015)
---------------------------------------------------------------------------------------------------------------
  O$ce Notes, O$ce Memoranda of Coram,                                  Court’s or Judge’s order
appearance, Court’s Orders or directions and
           Registrar’s orders
---------------------------------------------------------------------------------------------------------------

            CORAM : DR. M.S. DESHPANDE
                     REGISTRAR (JUDL -II)

               DATE : 24/03/2026

None Present

          As Per Reg (Judl-II) Courts Conditional Order
Dated 30-10-2018 Passed In Civil Application No.
1716 Of 2016 Filed For Condonation Of Delay Stand
Dismissed. Therefore, First Appeal (Stamp) No. 30709
of 2015 is given rejection registered number for non-
compliance of conditional order. In view of the above,
this Civil Application No. 1717 of 2016 >led for grant of
stay does not survive and it is accordingly disposed of.



                                          Sd/-
                                    REGISTRAR (JUDL-II)
sat-R(J-II)-24.03.2026

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