Bombay High Court
LAXMAN DHONDIBA MOHITE AND ANRversusMANSING DHONDIBA MOHITE AND ORS
- Disposal
- Allowed
Holding
The court condoned the 34‑day delay in filing the second appeal, subject to payment of costs to the respondent.
Summary
The applicants, Laxman Dhondiba Mohite and others, filed a second appeal against a district court decree but did so 34 days after the prescribed period. They moved an interim application seeking condonation of the delay, explaining that they are rustic villagers and requesting indulgence. The respondent opposed the condonation, alleging no explanation for the delay. The court examined the record, found no allegation of mala‑fides or any advantage to the applicants from the delay, and noted the applicants’ circumstances. Accordingly, the court allowed the application, condoning the 34‑day delay subject to the applicants paying Rs 5,000 costs to the respondent. The court directed that upon payment of costs within three weeks and receipt of acknowledgment, the second appeal be registered.
Issues considered
- Whether the 34‑day delay in filing the second appeal can be condoned under the provisions governing appeals and interim applications.
Subjects
- condonation of delay
- second appeal
- civil procedure
- costs
- interim application
- rural litigants
Judgment
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19-IA-1149-2024 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1149 OF 2024
IN
SECOND APPEAL (ST) NO. 21660 OF 2023
Laxman Dhondiba Mohite And Anr. …...Applicants
VERSUS
Mansing Dhondiba Mohite And Ors. …...Respondents
_________________________________________________________________
Mr. Shankar Katkar i/b Adv. Manisha Devkar, for the Applicants.
Mr. Sandeep Deshpande i/b Bhavake & Associates, for Respondent No.1.
_________________________________________________________________
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.03
20:50:28
CORAM : ASHWIN D. BHOBE, J.
+0530
DATE : 3rd SEPTEMBER, 2026.
P.C.
1. Heard Mr. Shankar Katkar, learned Advocate for the Applicants
and Mr. Sandeep Deshpande, learned Advocate for Respondent No.1.
2. By this Application, the Applicants are seeking condonation of
delay of 34 days in filing the Second Appeal against the judgment and
decree dated 10th November, 2022 passed by the District Judge – 1,
Malshiras, in Civil Misc. Application No.6 of 2020.
3. Mr. Shankar Katkar, learned Advocate for the Applicants, states
that the Applicants have set out the reasons for the delay in paragraph
Shantanu S. Dhudum
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19-IA-1149-2024 (C).DOC
No.10 of the present Application. He submits that the Applicants are rustic
villagers and, therefore, seeks that some indulgence be shown to them.
4. Mr. Sandeep Deshpande, learned Advocate for Respondent No.1,
submits that the delay in filing the Second Appeal has not been explained
by the Applicants. He, therefore, strongly opposes the Application seeking
condonation of delay.
5. Perused the Record.
6. There are no allegations of any mala fides against the Applicants
on behalf of the Respondents. Thus, there is no material on record to show
that the Applicants would have derived any benefit by delaying the filing of
the Second Appeal.
7. For the reasons stated in the Application and in view of the
submissions made by Mr. Shankar Katkar, learned Advocate for the
Applicants, the Application is allowed. The Delay of 34 days in filing the
Second Appeal is condoned, subject to the Applicants paying costs of
Rs.5,000/- to Respondent No.1.
8. Mr. Shankar Katkar, learned Advocate for the Applicants, states
that the costs shall be paid to Respondent No.1 within a period of three
weeks from today.
Shantanu S. Dhudum
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19-IA-1149-2024 (C).DOC
9. In the event the costs are paid within the time granted and
acknowledgment of receipt thereof from Respondent No.1 is produced
before the Registry, the Registry shall register the Second Appeal.
10. In view of the above, Interim Application No.1149 of 2026 is
disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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