Bombay High Court

NILESH RAJENDRA GUNDECHAversusTHE STATE OF MAHARASHTRA THR COLLECTOR OF SOLAPUR AND ORS.

Disposal: Allowed

Holding

The Court held that the 30‑day delay in filing the appeal is condoned.

Summary

The applicant, Nilesh Rajendra Gundecha, filed an interim application seeking condonation of a 30‑day delay in filing his appeal in First Appeal (ST) No. 5804 of 2026. The respondent State of Maharashtra, represented by Advocate P. P. Deokar, raised no objection to the condonation and waived notice. The Court examined whether any mala fide intent could be inferred from the delay. Finding no indication of mala fide and considering the applicant's grounds, the Court held that the delay was condonable. Consequently, the application was allowed and the 30‑day delay was formally condoned, after which the matter was disposed.

Issues considered

Whether a 30‑day delay in filing an appeal can be condoned under procedural law
Whether any mala fide intent can be inferred from the delay

Subjects

condonation of delay
civil appellate jurisdiction
interim application
procedural law
mala fide

Judgment

                                                     31-IA-1301-2026 (C).doc




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

                       CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 1301 OF 2026
                                    IN
                    FIRST APPEAL (ST) NO. 5804 OF 2026

Nilesh Rajendra Gundecha                                           ...Applicant
      Versus
The State Of Maharashtra Thr Collector Of
Solapur And Ors.                                               ...Respondents

                                    …..
Adv. Dnyaneshwari Utpat i/b Adv. Shubham Vasekar, Advocate for
Applicant.
Adv. P. P. Deokar, APP for the Respondent-State.
                                    …..


                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 4th SEPTEMBER, 2026.

P.C. :

                      INTERIM APPLICATION NO. 1301 OF 2026


           By this application, the applicant seeks to condone the delay of

30 days caused in filing the appeal.

2.         There is no reason to infer any mala fide on the part of the

applicant. The grounds mentioned in the application cannot be

discarded. The delay of 30 days caused in filing the appeal deserves to

be condoned. The application is allowed. The delay of 30 days caused in




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                                                           31-IA-1301-2026 (C).doc


filing the appeal is condoned. Accordingly, the application is disposed

of.



                      FIRST APPEAL (ST) NO. 5804 OF 2026

3.          Admit.

4.          Mr. P. P. Deokar, learned AGP waives notice.

5.          Call for record and proceedings.

6.          Parties shall be at liberty to file compilation of documents or

private paper book.

                                                  [ SHAILESH P. BRAHME, J.]




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