Bombay High Court

MR.GAJANAN SUKUR PATILversusMR.DATTATRAY SUKUR PATIL

Decided: 28 August 2026
Disposal: Disposed Off

Holding

The court condoned the delay in filing the second appeal.

Summary

The applicants filed a civil application seeking condonation of a 159‑day delay in filing a second appeal under the stamp law. Notices were served on the respondents, but none appeared before the court. The court examined the averments made in the application and, to allow the appellants an opportunity to prosecute the appeal on its merits, decided to condone the delay. Consequently, the application for condonation was granted and the matter was disposed. The decision enables the second appeal to proceed despite the procedural lapse.

Issues considered

Whether a delay of 159 days in filing a second appeal can be condoned under the applicable procedural law

Subjects

condonation of delay
second appeal
civil procedure
high court
procedural law

Judgment

026:BHC-AS:1

               Megha                                                   25_cas_1726_2017


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                               CIVIL APPLICATION NO.1726 OF 2017
                                              IN
                            SECOND APPEAL (STAMP) NO.30376 OF 2017

               Gajanan S. Patil since deceased
               through LRs
               1. Surekha Gajanan Patil and Ors.                ...Applicants/Appellants

                                 V/s.

               Dattatray Sukur Patil since deceased
               through     is     heirs    &     legal
               representatives i.e. Respondent No.2, 3
               and 4, 1a. Chaya Dattatraya Patil and
               Ors.                                                 ...Respondents
                                            ________________
               Ms. Anu C. Kaladharan        h/f. Mrs. Anjali N. Helekar for the
               Applicants/Appellants.
                                            ________________


                                                      CORAM: SANDEEP V. MARNE, J.

                                                      DATED: 28 AUGUST 2026.


               P.C.:


               1)      The Application is filed for condonation of delay of 159 days in
               filing the Appeal. In another Application for bringing legal heirs of the
               Appellant on record, notices were issued to the Respondents. Though
               notices are duly served on Respondent Nos.1A and 2 to 6, none has
               appeared on behalf of those Respondents.



                                               Page No.1 of 2
                                              28 August 2026
                          Megha                                                     25_cas_1726_2017


                          2)          Considering the averments made in the Application and for the
                          purpose of providing an opportunity to the Appellants to prosecute the
                          Appeal on merits, I deem it appropriate to condone the delay in filing the
                          Second Appeal. Delay is accordingly condoned.


                          3)          The Civil Application is accordingly disposed of.




                                                                                [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 17:54:35

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