Bombay High Court

SHRI.SHAKIL AHMED KHANversusSHRI.KAZI TAUHID AHMED SAEED

Decided: 24 August 2026
Disposal: Disposed Off

Holding

The delay in filing the appeal is condoned.

Summary

The applicant filed an interim application seeking condonation of a 400‑day delay in filing his appeal, citing a serious illness that prevented timely filing. The applicant supported his claim with a medical certificate. The court examined whether the delay could be excused on the basis of the appellant's health condition. Finding the medical evidence satisfactory, the court held that a case was made out for condoning the delay. Consequently, the court condoned the delay, allowed the interim application, and disposed of it.

Issues considered

Whether a delay of 400 days in filing an appeal can be condoned on the ground of the appellant's illness
Whether the medical documentation provided is sufficient to justify condonation of delay

Subjects

condonation of delay
appeal filing
interim application
medical grounds
civil procedure

Judgment

  2026:BHC-AS:34944

                          Renuka                                               8-ia-12432-2025.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                        INTERIM APPLICATION NO. 12432 OF 2025
                                                               IN
                                          SECOND APPEAL (ST)NO. 28791 OF 2025
                          Shakil Ahmed Khan                                     ...Applicant
                                             V/s.

                          Kazi Tauhid Ahmed Saeed                             ...Respondent
                                                    ________________
                          Mr. Tarun Kumar Sinha for Applicant.
                          Ms. Sandhya A. Mailagir for Respondent
                                                    ________________
                                                            CORAM: SANDEEP V. MARNE, J.
                                                                  DATED: 24 AUGUST 2026.


                          P.C.:


                          1)            Interim Application is for condonation of delay of 400 days
                          in filing the Appeal. The reason pleaded in the Application is the ailment
                          suffered by the Appellant which prevented him from taking necessary
                          steps for filing the Appeal in a reasonable time. The Appellant has
                          produced a supporting medical document. In my view, therefore, a case is
                          made out for condoning the delay in filing the Appeal.


                          2)            Accordingly, the delay in filing the Appeal is condoned.
                          Interim Application is allowed and disposed of.


                                                                           [SANDEEP V. MARNE, J.]


Signed by: Renuka S Thakur
                                                          Page No.1 of 1
Designation: PA To Honourable Judge                       24 August 2026
Date: 25/08/2026 16:52:39

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