Bombay High Court

VIJAY BHAGWAN LOKHANDE AND ANR.versusRUKHMINI PANDURANG LOKHANDE (SINCE DECEASED THR. LRS.) AND ORS.

Decided: 6 August 2026
Disposal: Allowed
Bench: RAJESH S PATIL

Holding

Only one composite interim application may be filed; a separate IA for condonation of delay is not permissible.

Summary

The applicants sought restoration of a first appeal (ST) No. 15495 of 2009 and filed a separate interim application (IA) for condonation of delay in filing that restoration application. The appellant’s counsel argued that a distinct IA for condonation should be entertained. The Court held that procedural rules require a single composite IA to address both restoration and condonation, and therefore rejected the separate IA for condonation. However, the Court permitted the applicant to amend the original IA to include a prayer for condonation of delay, subject to a two‑week deadline. The order thus combines the procedural correction with a limited allowance for amendment.

Issues considered

Whether a separate interim application for condonation of delay may be filed when an interim application for restoration is already pending
Whether a composite interim application is required under procedural law

Subjects

interim application
condonation of delay
amendment
procedural law
Civil Procedure Code

Judgment

                                                                               18. CAF 217-2022.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                        CIVIL APPLICATION NO. 217 OF 2022
                                                        IN
                                       FIRST APPEAL (ST) NO. 15495 OF 2009

                      Vijay Bhagwan Lokhande & anr.                                 ..Applicants

                                   Versus

                      Rukhmini Pandurang Lokhande (since deceased)                  ..Respondents
                      through legal heirs & ors.
ANAND
SUDHAKAR
SUDAME
Digitally signed by
                      Mr. Sunil M. Kanoujia a/w. Ms. D. S. Indulkar Kanoujia, Advocates, for
ANAND SUDHAKAR
SUDAME                the Appellant
Date: 2026.08.06
21:09:09 +0530
                      Mr. M. B. Gawade, Advocate, for the Applicant

                                                 CORAM : RAJESH S. PATIL, J.

                                                 DATE       : 6 AUGUST, 2026
                      P. C.

                      1.      Mr. Kanojia, learned Counsel for the Appellant submits that he

                      has filed the I.A.(St.) No. 22315 of 2026 for restoration of the F.A.(St.)

                      No.15495 of 2009. He submits that he has filed a separate Interim

                      Application, being the I.A.(St.) No. 22470 of 2026 seeking condonation

                      of delay in filing the Interim Application for restoration.

                      2.      In my view, such an Interim Application for condonation of delay

                      should not have been filed. Only one composite Interim Application

                      should have been filed. Hence, the Interim Application (St.) No. 22470

                      of 2026 stands rejected.


                      Anand                             1 of 2
                                                       18. CAF 217-2022.doc

3.       The Applicant is hereby permitted to add prayer seeking

condonation of delay in I.A.(St.) No. 22315 of 2026.

4.       Amendment to be carried out within a period of two weeks from

today.


                                                 (RAJESH S. PATIL, J.)




Anand                           2 of 2

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