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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