Bombay High Court

PUNE MUNICIPAL CORPORATION THR. THE MUNICIPAL COMMISSIONER,PUNEversusSHRI. DIGAMBAR RAJARAM NERLEKAR AND ORS.

Decided: 6 October 2026
Disposal: Allowed

Holding

The interim application for condonation of delay is allowed, subject to payment of costs.

Summary

The Pune Municipal Corporation, as appellant, filed an interim application seeking condonation of delay in filing its first appeal, citing reasons including the Covid-19 pandemic and the filing of a related appeal (FA No.940 of 2024). The High Court considered these reasons and found that the applicant had made out a case for condonation. The court allowed the interim application, directing the appellant to pay costs of Rs.15,000 to the claimants within eight weeks. The interim application was thereafter disposed. The first appeal was admitted and ordered to be heard together with FA No.940 of 2024.

Issues considered

Whether the court should condone the delay in filing the first appeal on the grounds of Covid-19 and related procedural circumstances.

Subjects

condonation of delay
interim application
Civil Appellate Jurisdiction
Covid-19 pandemic
costs

Judgment

                                                                       44-fast35460-2023++.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                    FIRST APPEAL (ST.) NO. 35460 OF 2023
                                                   WITH
                                   INTERIM APPLICATION NO.10488 OF 2024

                      Pune Municipal Corporation, through
                      the Municipal Commissioner, Pune            … Appellant
                                 V/s.
                      Digambar Rajaram Nerlekar & Ors.            … Respondents

ATUL
GANESH                                             WITH
KULKARNI                                FIRST APPEAL NO.940 OF 2024
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.10.06
17:12:53 +0530        Ms. Amrita Kharkar with Ms. Sayalee Bhosale i/by P.H.
                      Potnis for the Appellant/Applicant in FA/940/2024.
                      Mr. A.R. Patil, Additional G.P. for Respondent No.1-
                      State.
                      Mr. Atul Damle, Senior Advocate i/by Mr. Rhishikesh
                      M. Pethe for the Appellant in FAST/35460/2023 & for
                      Respondent No.2 in FA/940/2024.



                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : OCTOBER 6, 2026
                      P.C.:
                      Interim Application No.10488 of 2024:

                      1.      Considering the reasons assigned for condonation of delay,
                      including the period required to be deducted during Covid-19
                      pandemic, and also considering the fact that the Claimants have
                      also filed First Appeal No.940 of 2024, the applicant has made out
                      a case for condonation of delay.



                                                         1
                                                    44-fast35460-2023++.doc


2.   The interim application is allowed, subject to payment of
costs of Rs.15,000/- to be paid to the Claimants. The costs shall be
paid to the Claimants within eight weeks from today.

3.   The interim application stands disposed off.

First Appeal (St.) No.35460 of 2023:

4.   Admit.

5.   To be heard along with First Appeal No.940 of 2024.


                                            (AMIT BORKAR, J.)




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