Bombay High Court

REVAN SIDDHA DEV RENAVI, THR ITS TRUSTEES - APPELLANTS NO. 2 TO 10versusTHE LEARNED JOINT CHARITY COMMISSIONER, KOLHAPUR AND ORS

Disposal: Disposed Off

Holding

The court condoned the delay and allowed the interim application.

Summary

The trustees of Revan Siddha Dev Renavi filed an interim application seeking condonation of a delay of three years and 149 days in preferring a first appeal. The delay was attributed to the filing and subsequent disposal of Writ Petition No.8469 of 2023, which was withdrawn and the court granted liberty to pursue the appeal. The respondents contested the condonation, but the court found no evidence of an oblique motive. Relying on Section 14 of the Limitation Act, 1963, the court held that the applicant’s delay could be condoned in the interest of justice. Consequently, the application was allowed, the delay was condoned, and the matter was listed for admission on 24 September 2026.

Issues considered

Whether a delay of more than three years in filing an appeal can be condoned under Section 14 of the Limitation Act, 1963.

Legislation cited

Limitation Act, 1963 — s. 14

Subjects

condonation of delay
Limitation Act
Section 14
interim application
appeal
civil procedure

Judgment

                                                     30-IA-1225-2026 (C).doc




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

                       CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 1225 OF 2026
                                   IN
                    FIRST APPEAL(ST) NO. 7519 OF 2026

Revan Siddha Dev Renavi, Thr Its
Trustees - Appellants No. 2 To 10                                  ...Applicant
      Versus
The Learned Joint Charity Commissioner,
Kolhapur And Ors                                               ...Respondents

                                   …..
Adv. Tanaji Mhatugade, Advocate for Applicant.
Adv. Shrishail Sakhare a/w Adv. Jalandara Angthekar, Advocate for
Respondent Nos.2 to 16.
Mr. P. P. Deokar, APP for the Respondents-State.
                                   …..


                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 28th AUGUST, 2026.

P.C. :

                      INTERIM APPLICATION NO. 1225 OF 2026

           Heard both sides.

2.         The applicant seeks to condone the delay of 3 years and 149 days

in preferring the appeal. For the reasons stated in the application, the

delay is sought to be condoned. The predominant ground pressed into

service is the filing of Writ Petition No.8469 of 2023, which was

disposed of on 10.08.2026, granting liberty to avail of the remedy as is



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                                                       30-IA-1225-2026 (C).doc


permissible in law.

3.         The application is contested by the respondents. The averments

in the application do not indicate any oblique motive on the part of the

applicant in preferring the first appeal belatedly.

4.         The benefit, by analogy, of Section 14 of the Limitation Act, 1963

needs to be extended to the applicant. The applicant had earlier filed

Writ Petition No.8469 of 2023 under a bona fide impression, which was

withdrawn and liberty was granted. It would be in the interest of justice

to deal with the merits of the matter instead of rejecting it on

technicality. The application is allowed and delay stands condoned.

Accordingly, the application is disposed of.



                     FIRST APPEAL(ST) NO. 7519 OF 2026


5.         List this matter for admission on 24.09.2026.



                                                [ SHAILESH P. BRAHME, J.]




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