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Bombay High Court

SMT.SAROJ KAMLAKAR DHARMAMER (AND OTHER) LATE KAMLAKAR MAHADEV DHARMAMER AND OTHERSversusSHRI.RAVINDRA MORESHWAR DHARMAMER AND OTHERS

Decided
Disposal
Disposed Off

Holding

The Court held that the 20‑day delay in filing the appeal was condonable as the appellant had shown sufficient cause.

Summary

The Applicants/Appellants filed a civil application seeking condonation of a 20‑day delay in filing their appeal. The Registry had objected to the delay because a certified copy of the decree was not available at the time of filing. Counsel for the Applicants argued that the appeal was actually lodged within the prescribed period and the delay was due to the unavailability of the decree copy. The Court examined the reasons pleaded and found them satisfactory. Consequently, the Court condoned the 20‑day delay and disposed of the civil application. No further orders were made.

Issues considered

  • Whether a delay of 20 days in filing an appeal can be condoned under the procedural law governing civil appeals

Subjects

  • condonation of delay
  • civil appeal
  • procedural law
  • High Court of Bombay
  • filing of appeal

Judgment

                       Priyanka                                            28-SA(ST)-847-2018.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                         CIVIL APPLICATION NO.847 OF 2018
                                                             IN
                                        SECOND APPEAL(ST) NO.35559 OF 2017


                       Saroj Kamlakar Dharmamer                           ... Applicants/Appellants
                       Late Kamlakar Mahadev Dharmamer & Ors
                                            V/s.

                       Ravindra Moreshwar Dharmamer & Ors                      ...Respondents
          Digitally
          signed by
          PRIYANKA
                                                ________________
PRIYANKA  MADHAVRAO
MADHAVRAO KALE
KALE      Date:
          2026.08.29
          18:17:53
                       Mr. Saket Joshi i/by Mr. Nitin Gangal for Applicants/Appellants.
          +0530


                                                      ________________
                                                                CORAM: SANDEEP V. MARNE, J.
                                                                DATED: 28 AUGUST 2026.


                       P.C.:


                       1)           The Application is filed seeking condonation of delay of 20
                       days. Respondents are duly served. However, none had appeared on
                       behalf of Respondents. It is contended by the learned counsel appearing
                       for the Appellant that the Appeal was in fact lodged within prescribed
                       time. However, due to non-availability of certified copy of the Decree
                       passed by the Appellate Court, the Registry has raised objection of delay
                       of 20 days in filing of the Appeal.


                       2)           Considering this position as well as the reasons pleaded in
                       the Application, I deem it appropriate to condone the delay in filing the

                                                         Page No.1 of 2
                                                        28 August 2026
Priyanka                                          28-SA(ST)-847-2018.docx


Appeal. The delay of 20 days in filing the Appeal is accordingly
condoned.


3)          Accordingly, the Civil Application is disposed of.




                                                 [SANDEEP V. MARNE, J.]




                                Page No.2 of 2
                               28 August 2026


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