Bombay High Court

GOPINATH DEHU DESHMUKHversusMR. RAMCHANDRA BHIKAI DESHMUKH

Decided: 28 August 2026
Disposal: Disposed Off

Holding

The court held that the 57‑day delay in filing the second appeal is condoned.

Summary

The applicant, a senior citizen with health and financial difficulties, filed a civil application seeking condonation of a 57‑day delay in filing a second appeal. The respondents opposed the application. The court considered the applicant’s age, health issues, and weak financial position as reasons for the delay. Finding the explanations satisfactory, the court granted condonation of the delay. Consequently, the civil application was disposed and the second appeal was listed for admission on 17 September 2026.

Issues considered

Whether a delay of 57 days in filing a second appeal can be condoned under the applicable procedural law.

Subjects

condonation of delay
second appeal
civil procedure
senior citizen
health issues
financial hardship

Judgment

Megha                                                  19_cas_1300_2017


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION
                 CIVIL APPLICATION NO.1300 OF 2017
                                IN
              SECOND APPEAL (STAMP) NO.18605 OF 2017

Gopinath Dehu Deshmukh                           ...Applicant/Appellant

                  V/s.

Ramchandra Bhikal Deshmukh (since
deceased through legal heirs)
1.(a) Popal Ramchandra Deshmukh
and Ors.                                            ...Respondents
                             ________________
None for the Applicant/Appellant.
Mr. Anuj Tiwari i/b. Mr. Vivek V. Salunke for the Respondents.
                             ________________


                                       CORAM: SANDEEP V. MARNE, J.

                                       DATED: 28 AUGUST 2026.


P.C.:


1)      Civil Application is filed for condonation of delay of 57 days in
filing the Second Appeal. The Application is opposed by the learned
counsel appearing for the Respondents.


2)      I have gone through the reasons pleaded in the Application. It is
contended that the Applicant is a senior citizen suffering from several
health problems. Weak financial position is also pleaded as justification


                                Page No.1 of 2
                               28 August 2026
                          Megha                                                     19_cas_1300_2017


                          for not approaching the Advocate in timely manner for filing of the
                          Appeal.


                          3)          Considering the averments made in the application, I deem it
                          appropriate to condone the delay in filing the Appeal. The delay in filing
                          the Appeal is accordingly condoned.


                          4)          The Civil Application is accordingly disposed of.


                          5)          List the Second Appeal for admission on 17 September 2026.




                                                                                [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.2 of 2
Designation: PA To Honourable Judge                           28 August 2026
Date: 29/08/2026 18:04:07

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