Bombay High Court
SMT.FARIDA WD/O FARUK SIDDIQUEE (WIDOW OF THE DECEASED) AND ORSversusUNION OF INDIA THR. THE GENERAL MANAGER
- Decided
- Disposal
- Disposed Off
Holding
The delay of 252 days in filing the first appeal was condoned.
Summary
The applicants filed a civil application seeking condonation of a 252‑day delay in filing their first appeal. The respondent opposed the condonation, but the reasons for delay set out in the applicants' affidavit were not contested. The Court examined whether the delay could be justified under the principles of substantial justice. Finding that sufficient cause was shown and that the interests of justice favored hearing the appeal on its merits, the Court granted the condonation. Consequently, the application was allowed, a compilation of documents was ordered within four weeks, and the first appeal was listed for 28 October 2026.
Issues considered
- The Court must determine whether a delay of 252 days in filing a first appeal can be condoned under the Civil Procedure Code.
Subjects
- condonation of delay
- civil procedure
- first appeal
- High Court of Bombay
- substantial justice
Judgment
1/2 35-CAF-465-2018 (C).DOC
Digitally
signed by
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE Date:
2026.09.28
10:07:00
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 465 OF 2018
IN
FIRST APPEAL (ST) NO. 19262 OF 2017
Smt. Farida Wd/o Faruk Siddiquee
(widow Of The Deceased) And Ors. ...Applicants
Versus
Union Of India Thr. The General Manager ...Respondent
_______
Mr. Huzer Qureshi i/b Mr. Hashim Husain, for the Applicants.
Mr. Niranjan Shimpi a/w Ms. Bhagyashri Waghmare, for the Respondent.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 23rd SEPTEMBER, 2026
P.C.
1. The Civil Application seeks condonation of delay of 252 days in filing of
the captioned First Appeal. A reply affidavit has been filed opposing the
condonation of delay.
2. However, having due regard to the reasons set out particularly in
paragraph no. 2 of the affidavit, which have not been factually denied, in my
view, I find that sufficient cause has been made out to condone the delay. The
substantive interest of justice would best be served if the First Appeal is heard on
merits.
3. The Civil Application is accordingly allowed in terms of prayer clause (a).
Vaibhav
2/2 35-CAF-465-2018 (C).DOC
4. Let a compilation of documents be filed within a period of four weeks
from today.
5. List the First Appeal on 28th October 2026.
[ARIF S. DOCTOR, J.]
Vaibhav
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