Bombay High Court

Sambhaji Gopalrao Mane DECEASEDversusSuresh Vardhanna Rai

Disposal: Allowed

Holding

The delay in filing the second appeal is condoned subject to the applicants paying costs of Rs.1,00,000 to the respondent.

Summary

The applicants filed an interim application under Section 5 of the Limitation Act, 1963, seeking condonation of a delay of three years and 320 days in filing a second appeal against a 2022 judgment. They explained the delay was due to the illness and subsequent death of a key applicant. The respondent’s counsel argued the reasons were unconvincing but suggested condonation with exemplary costs. The court, noting that the prejudice to the applicants if the delay were not condoned outweighed any prejudice to the respondent, ordered condonation of the delay subject to the applicants paying Rs.1,00,000 to the respondent. The court directed that upon payment and acknowledgment, the second appeal would be registered.

Issues considered

Whether a delay of three years and 320 days in filing a second appeal can be condoned under Section 5 of the Limitation Act, 1963.
Whether exemplary costs should be imposed on the applicants for the delay.

Legislation cited

Limitation Act, 1963 — s. 5

Subjects

Limitation
Condonation of delay
Second appeal
Costs
Section 5 Limitation Act

Judgment

                                                                             30 - IA - 1283 - 2026.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                         CIVIL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.03
                                      INTERIM APPLICATION NO. 1283 OF 2026
20:07:10 +0530

                                                      IN
                                    SECOND APPEAL (STAMP) NO. 7555 OF 2026

                      Sambhaji Gopalrao Mane
                      Since Deceased His Legal Heirs & Ors.           … Applicants
                                  V/s.
                      Suresh Vardhanna Rai                            … Respondent

                      Mr. Amit Sale i/by Mr. Ajit Kenjale (through V.C.) for the
                      Applicants.
                      Mr. Praveen H. Deshpande for the Respondent.



                                                    CORAM       : ASHWIN D. BHOBE, J.

                                                    DATED       : SEPTEMBER 3, 2026
                      P.C.:


                      1.      By the present Interim Application filed under Section 5 of the

                      Limitation Act, 1963, the Applicants are seeking condonation of delay of

                      3 years and 320 days caused in filing the Second Appeal against the

                      judgment and decree dated 27th September 2022 passed by the learned

                      Ad-Hoc District Judge-I, Sangli, whereby Regular Civil Appeal No. 298

                      of 2015 filed by the Respondent was allowed.


                      2.      The Applicants have given the reasons for the delay in paragraphs

                      4 to 13 of the Application.


                      3.      Mr. Amit Sale, learned Advocate for the Applicants, submits that




                      VRJ                                                                            1
                                                        30 - IA - 1283 - 2026.docx


the Applicants had no intention to delay the filing of the Appeal. He

submits that the delay in filing the Appeal is bona fide.


4.    Mr. Praveen H. Deshpande, learned Advocate for the Respondent,

though submits that the reasons sought to be put forth by the

Applicants are not convincing, however, in view of the statements made

by the Applicants in the Application that the delay in filing the Appeal

was on account of the ailment of Applicant No. 1(b)-Sangram

Sambhajirao Mane, who subsequently passed away on 31st March

2023, Mr. Praveen H. Deshpande, learned Advocate for the Respondent,

on instructions from the Respondent, in all fairness, submits that the

delay be condoned, subject to imposition of exemplary costs, which he

quantifies at Rs.2,00,000/-.


5.    Perused the Application and the statements made.


6.    Though, as submitted by Mr. Praveen H. Deshpande, learned

Advocate for the Respondent, the reasons put forth are not convincing,

however, in the interest of justice, the prejudice that would be caused to

the Applicants if the delay is not condoned would be far greater than

the prejudice that may be caused to the Respondent if the delay is

condoned. At any rate, the subject matter of the present proceedings

pertains to commercial transactions and, as such, the prejudice, if any,

caused to the Respondent can be compensated in terms of money.




VRJ                                                                             2
                                                      30 - IA - 1283 - 2026.docx


7.    Mr. Amit Sale, learned Advocate for the Applicants, on

instructions from the Applicants, states that the Applicants shall pay

costs of Rs.1,00,000/- to the Respondent.


8.    In view of the above, the delay of three years and 320 days

caused in filing the Second Appeal is condoned, subject to the

Applicants paying costs of Rs.1,00,000/- to the sole Respondent.


9.    Mr. Amit Sale, learned Advocate for the Applicants, on

instructions from the Applicants, states that the costs of Rs.1,00,000/-

shall be paid to the sole Respondent within one week from today.


10.   Interim Application No. 1283 of 2026 is, therefore, allowed in the

aforesaid terms.


11.   If the Applicants pay the costs of Rs.1,00,000/- within the

aforesaid time limit and produce the acknowledgment of payment from

the sole Respondent before the Registry of this Court, the Registry shall

register the Second Appeal.


                                            (ASHWIN D. BHOBE, J.)




VRJ                                                                           3

Continue reading with your account

Checking your session…