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Bombay High Court

VITTHAL LAXMAN PATILversusAPPASAHEB RAMCHANDRA PATIL

Disposal
Allowed

Holding

The Court ordered issuance of notice to the respondent and set a return date, without disposing of the condonation request.

Summary

The applicants, Vitthal Laxman Patil and others, filed a second appeal (Stamp No. 29245 of 2025) but delayed filing it by 125 days. They moved an interim application seeking condonation of this delay. The learned counsel for the applicants, Ms. Ankita Chindage, requested that a spare copy of the application be placed in the Registry within seven days to enable issuance of notice to the respondent. The Court, after hearing counsel, ordered that notice be issued to the respondent and set a return date of 10 September 2026. No substantive decision on the condonation itself was made at this stage.

Issues considered

  • Whether the Court should condone a delay of 125 days in filing the second appeal.

Subjects

  • condonation of delay
  • second appeal
  • interim application
  • Civil Procedure Code
  • notice issuance

Judgment

          Digitally signed
          by LAXMIKANT
LAXMIKANT GOPAL                                                        (18) IA-1101.26.DOCX
GOPAL     CHANDAN
CHANDAN Date:
          2026.08.20
          21:46:18 +0530
                                                                                          lgc

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                          CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.1101 OF 2026
                                                      IN
                                     SECOND APPEAL STAMP NO.29245 OF 2025

                         Vitthal Laxman Patil and anr.                : Applicants.
                                Versus
                         Appasaheb Ramchandra Patil                   : Respondent.

                         ______________________________________________________

                         Ms. Ankita Chindage for the Applicants.
                         ______________________________________________________

                                                  CORAM : ASHWIN D. BHOBE, J.

                                                   DATED :     20 AUGUST 2026
                         PC:-



                         1.      Heard Ms. Ankita Chindage, learned Advocate for the
                         Applicants.

                         2.      By the present Interim Application, the Appellant is seeking
                         condonation of delay of 125 days in filing the Second Appeal
                         Stamp No.29245 of 2025.

                         3.      Issue notice to the Respondents, returnable on 10 September
                         2026.

                         4.      Ms. Ankita Chindage, learned Advocate for the Applicants,
                         states that spare copy of this Interim Application would be




                                                           1
                                             (18) IA-1101.26.DOCX


furnished in the Registry of this Court within 7 days from today so
as to enable issuance of notice on the Respondent.




                                          (ASHWIN D. BHOBE, J.)




                                 2


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