Bombay High Court

MANISHA RAJARAM KASHID AND ORS.versusVIJAY SHANKAR HUDDAR AND ORS.

Disposal: Allowed

Holding

The Court held that the 21‑day delay in filing the first appeal is condoned.

Summary

The respondents were served with notice but failed to appear. The applicants filed an interim application seeking condonation of a 21‑day delay in filing their first appeal. The Court examined the reasons provided in the application and, applying the principles of procedural law, allowed the application. Consequently, the delay in preferring the first appeal was condoned. The Court admitted the first appeal, ordered the record to be called, dispensed with printing, and permitted the parties to file a compilation of relevant documents.

Issues considered

Whether a delay of 21 days in filing a first appeal can be condoned under the provisions of the Code of Civil Procedure

Subjects

condonation of delay
first appeal
interim application
Civil Procedure Code
procedural law

Judgment

                                                     31-IA-12192-2024 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                        CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 12192 OF 2024
                                      IN
                      FIRST APPEAL (ST) NO. 13578 OF 2023

Manisha Rajaram Kashid And Ors.                                   ...Applicants
       Versus
Vijay Shankar Huddar And Ors.                                  ...Respondents
                                 …..
Adv. Abhang Suryawanshi a/w Adv. Ankita Chindage i/b Adv. Nagesh
Chavan, Advocate for Applicants.
                                 …..

                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE    : 9th SEPTEMBER, 2026.

P.C. :

                      INTERIM APPLICATION NO. 12192 OF 2024

           The respondents are served but have not caused appearances.

2.         By this application, the applicants seek to condone the delay of

21 days caused in filing the first appeal.

3.         For the reasons stated in the application, the application is

allowed and the delay caused in preferring the first appeal stands

condoned.

                     FIRST APPEAL (ST) NO. 13578 OF 2023

.          Admit.

2.         Call for record and proceedings.



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                                                  31-IA-12192-2024 (C).doc


3.         Print is dispensed with.

4.         Parties shall be at liberty to file compilation of relevant

documents.

                                            [ SHAILESH P. BRAHME, J.]




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