Bombay High Court
KEVALBAI JAGANNATH PAWARversusSHANKAR RAGHO BACHHAV
- Decided
- Disposal
- Disposed Off
Holding
The appeal is dismissed as no justifiable cause for condoning the 610‑day delay was established and no substantial question of law arises.
Summary
The appellants, who were defendants in a civil suit, failed to appear and the trial court passed an ex‑parte decree in their favour, also issuing an injunction. They participated in execution proceedings in July 2013 but did not file an appeal against the decree until February 2015, a delay of 610 days. Their application for condonation of this delay was rejected by the District Judge, a decision affirmed by the High Court. The court held that the appellants offered no credible justification for the delay, noting that a claimed illness was irrelevant and that they had not filed a written statement in the original suit. Consequently, the second appeal was dismissed and all related civil and interim applications were disposed of.
Issues considered
- Whether a delay of 610 days in filing an appeal against an ex‑parte decree can be condoned under Order XXI Rule 32(5) of the Code of Civil Procedure, 1908.
- Whether the appellants' alleged illness constitutes a sufficient cause for condonation of delay.
- Whether the appeal should be entertained despite the absence of a written statement and the presence of a registered sale deed in favour of the plaintiff.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXI Rule 32(5)
Subjects
- condonation of delay
- ex‑parte decree
- civil appeal
- execution proceedings
- injunction
- Code of Civil Procedure
- appeal dismissed
Judgment
2026:BHC-AS:36126
k 1/4 23 sa 719.17 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.719 OF 2017
Kevalbai Jagannath Pawar & Ors. ....Appellants
V/S
Shankar Ragho Bachhav & Anr. ....Respondents
WITH
CIVIL APPLICATION NO.1420 OF 2017
IN
SECOND APPEAL NO.719 OF 2017
Kevalbai Jagannath Pawar & Ors. ....Applicants
V/S
Shankar Ragho Bachhav & Anr. ....Respondents
WITH
CIVIL APPLICATION (STAMP) NO.29674 OF 2016
IN
SECOND APPEAL NO.719 OF 2017
Jagannath Dhodha Pawar ....Applicant
V/S
Shankar Ragho Bachhav & Anr. ....Respondents
WITH
INTERIM APPLICATION NO.144 OF 2025
IN
SECOND APPEAL NO.719 OF 2017
Kevalbai Jagannath Pawar & Ors. ....Applicants
V/S
Shankar Ragho Bachhav & Anr. ....Respondents
_________
Mr. Vikas B. Mourya i/b Mr. Mahendra N. Sandhyanshiv for the
Appellants/Applicants.
katkam Page No. 1 of 4
k 2/4 23 sa 719.17 as.doc
Mr. Pratik Sabrad i/b Mr. Suresh M. Sabrad with Ms. Neha Parte for
Respondents.
__________
CORAM : SANDEEP V. MARNE, J.
DATE : 1 SEPTEMBER 2026.
P.C.:
1. The Second Appeal challenges order dated 28 June 2016 passed by
the District Judge, Malegaon, rejecting Civil Miscellaneous Appeal No.14
of 2015 filed for the purpose of condonation of delay of 610 days in filing
the Appeal against ex-parte decree dated 12 June 2013.
2. I have heard Mr. Mourya, the learned counsel appearing for
Appellants and Mr. Sabrad, the learned counsel appearing for
Respondent No.1.
3. Appellants are Defendants in Regular Civil Suit No.206 of 2012
filed by the Plaintiff for seeking declaration of ownership and injunction
against the Defendants. Despite being duly served Defendants failed to
appear in the Suit. The Suit proceeded ex-parte. The Trial Court went
through registered Sale Deed executed in favour of the Plaintiff in
pursuance of execution of a decree passed in Special Civil Suit No.95 of
2006. After being satisfied that Plaintiff is the owner of the suit property
the Trial Court also issued consequential injunction in favour of the
Plaintiff restraining the Defendants from causing any obstruction to
Plaintiff using the suit land.
4. It appears that Defendants acquired knowledge of the execution
proceedings and appeared therein on 13 July 2013 and filed Application
katkam Page No. 2 of 4
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under Order XXI Rule 32(5) of the Code of Civil Procedure, 1908 (the
Code). Thus, Defendants participated in the execution proceedings and
attempted to obstruct execution of the decree. However, they did not
take contemporaneous steps for challenging the decree of the Trial Court
by filing the Appeal. The Appeal was filed on 5 February 2015 after delay
of 610 days. More importantly Defendants did not plead any justifiable
reasons for condonation of such inordinate delay. The plea of Defendant
No.1 suffering from cancer is found to be inconsequential since it has
come in evidence that she had recovered in the year 2011 itself. The
Appellate Court has rightly held that no justifiable cause is pleaded or
demonstrated by the Defendants for condonation of delay. Even
otherwise, no practical purpose would be served in permitting the
Appellants to prosecute the Appeal on merits in view of the fact that
there is no Written Statement filed by them in the Suit and Plaintiff is
armed with a registered Sale Deed executed in his name. In any case, if
the Appellants were serious enough in challenging the decree of the
Trial Court, they ought to have contemporaneously filed the Appeal after
appearing in execution proceedings on 13 July 2013. If the ailment and
other reason did not come in the way of Defendants in appearing and
defending the execution proceedings, it is incomprehensible as to how
the said difficulties can selectively come in the way of filing of Appeal.
The Application for condonation of delay is rightly rejected by the
Appellate Court. No substantial question of law is involved and there is
no interference warranted in the order passed by the learned District
Judge. The Second Appeal is accordingly dismissed.
katkam Page No. 3 of 4
k 4/4 23 sa 719.17 as.doc
5. In view of the disposal of the Second Appeal, nothing would
survive in the Civil Applications and Interim Application and the same
are accordingly disposed of.
(SANDEEP V. MARNE, J.)
katkam
Signed by: Sudarshan R. Katkam Page No. 4 of 4
Designation: PS To Honourable Judge
Date: 03/09/2026 11:40:32
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