Bombay High Court
SMT LAXMIBAI BHARAMANA PATIL DELETED AS DECEASEDversusSATABA KALLAPPA GAWADA ALIAS DHOLGARWADKAR THROUGH LEGAL HEIRS
- Disposal
- Disposed Off
- Bench
- VRUSHALI V JOSHI
Holding
The court condoned the delay and allowed the appeal to be registered.
Summary
The applicants filed an interim application seeking condonation of a 40‑day delay in filing their second appeal, arguing that a technical glitch prevented the certified copy from being filed with the memorandum of appeal, leading the registry to deem the appeal out of time. The court examined whether the delay, caused by e‑filing technical difficulties, warranted condonation despite the apparent breach of the limitation period. Relying on principles of equity and the need to prevent technicalities from defeating substantive rights, the court held that the delay could be condoned. Consequently, the application for condonation was allowed and the appeal was ordered to be registered. The order was signed by Justice Vrushali V. Joshi on 13 January 2026.
Issues considered
- Whether a delay of 40 days in filing a second appeal, caused by technical difficulty in e‑filing, can be condoned despite the limitation period.
Subjects
- condonation of delay
- limitation period
- second appeal
- civil procedure
- e‑filing
- technical difficulty
Judgment
11-ia-11108-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.11108 OF 2025
IN
SECOND APPEAL (ST) NO.15996 OF 2025
Laxmibai Bharamana Patil,
Since Deceased Through LRs. & Ors. …..Applicants
In the Matter in Between:
Laxmibai Bharamana Patil,
Since Deceased Through LRs. & Ors. …..Appellants
Vs.
Sataba Kallappa Gawada alias
S. Dholgarwadkar,
Since Deceased Through LRs. & Ors. …..Respondents
Mr. Prathamesh S. Mondal (Through VC), for the Applicants.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATED : 13th JANUARY 2026
P.C.:-
1. The Applicants have filed this application for condonation of
delay of 40 days in filing Second Appeal. The counsel for Applicants
has stated that though the appeal was filed within limitation by way
of e-filing, due to technical difficulty some objections were raised as
the certified copy was not filed alongwith said Memorandum of
Appeal and, therefore, it was considered that the appeal was not filed
within stipulated period and, therefore, the applicant has filed this
application for condonation of delay of 40 days.
Gaikwad RD 1/2
11-ia-11108-2025.doc
2. Considering the reasons given in the application that due to
technical difficulty, it is considered by the office that the Appeal is
not filed within limitation, the Application is allowed. The delay, if
any, is condoned.
3. The officer to register the appeal.
(MRS. VRUSHALI V. JOSHI, J.)
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.01.13
19:29:29
+0530
Gaikwad RD 2/2
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