Bombay High Court

SHRI IQBAL EBRAHIMversusMR. SANJAY JAIN AND ORS

Decided: 16 April 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The court ordered the application to be returned after 12 weeks, permitting service by private notice and setting conditions for its continuation.

Summary

The plaintiff filed a civil application seeking condonation of a 60‑day delay in filing a first appeal against a judgment dated 22‑Oct‑2012. The application was heard before Justice K.K. Tated. The court ordered that the application be returned after 12 weeks, allowing the plaintiff to serve the respondents by private notice, registered post, or hand delivery, and to file an affidavit of service. The court also warned that failure to pay bhatta charges within the stipulated time would result in dismissal of the application. No substantive decision on the condonation itself is recorded in the excerpt. The order primarily addresses procedural compliance for the pending application.

Issues considered

Whether the plaintiff is entitled to condonation of a 60‑day delay in filing the first appeal.

Subjects

condonation of delay
civil appeal
procedural order
service of notice
bhatta charges

Judgment

                                                                       20 caf 4714=.doc


                   FARAD CONTINUATION SHEET
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
                  CIVIL APPELLATE JURISDICTION.

                 CIVIL APPLICATION NO. 47 OF 2014
                                 IN
                FIRST APPEAL (ST) NO. 6582 OF 2013

Office Notes, Office                       Court’s or Judge’s orders
Memoranda of Coram,
Appearances, court’s
orders or directions
and Registrar’s orders
                         Ms. Siddhi Doshi i/b Vinod Jawale for the
                         applicant

                                             CORAM : K. K. TATED, J.
                                             DATED : 15/04/2015
                         P.C.:

                         .       Heard learned Counsel for the applicant.


                         2       This Application is preferred by the plaintiff
                         for condonation of 60 days delay in filing First
                         Appeal challenging the judgment and decree dated
                         22.10.2012 passed by Bombay City Civil Court, at
                         Bombay in S.C. suit no. 5125 of 2006.


                         3       Rule.


                         4       Rule made returnable after 12 weeks.


                         5       In addition to usual mode of service, Applicant
                         is permitted to serve respondents by private notice


Sneha Chavan                                                                        1/2
                                                        20 caf 4714=.doc


               either by registered post A.D. and/or by hand
               delivery and file Affidavit of Service to that effect.


               6    If   bhatta   charges   are   not    paid    within
               stipulated time, the Civil Application shall stand
               dismissed without further reference to the court.



                                               (K.K.TATED, J.)




Sneha Chavan                                                         2/2

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