Bombay High Court
SEEMA AMBADAS HUNDEKAR ALIAS MRS. SEEMA RAJU GUNJALversusMEHMOOD MEHENDI KHAN
- Decided
- Disposal
- Disposed Off
- Bench
- MADHAV JAMDAR
Holding
The Court condoned the 53‑day delay in filing the civil revision application.
Summary
The applicant, Seema Ambadas Hundekar, filed an interim application seeking condonation of a 53‑day delay in filing a civil revision application. The High Court had previously issued notice to the respondent, Mehmood Mehendi Khan, on 30 September 2024, which was served, but the respondent failed to appear and did not file an affidavit‑in‑reply. Consequently, the applicant’s contentions remained uncontroverted. The Court examined the interim application and found no substantive objection from the respondent. It therefore granted the prayer for condonation of the delay. The civil revision application was ordered to be admitted on 23 February 2026.
Issues considered
- Whether a delay of 53 days in filing a civil revision application can be condoned under procedural law
- Whether the respondent’s failure to appear and file an affidavit‑in‑reply affects the condonation of delay
Subjects
- condonation of delay
- civil revision
- procedural law
- notice
- non‑appearance
Judgment
40-IA-13141-2024.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by INTERIM APPLICATION NO.13141 OF 2024
ARJUN
ARJUN VITTHAL
KUDHEKAR
IN
VITTHAL
KUDHEKAR Date:
2026.02.02
CIVIL REVISION APPLICATION (STAMP) NO.25763 OF 2024
19:10:23
+0530
Seema Ambadas Hundekar
alias Seema Raju Gunjal …Applicant
IN THE MATTER BETWEEN:
Seema Ambadas Hundekar
alias Seema Raju Gunjal …Applicant
Versus
Mehmood Mehendi Khan …Respondent
_______________________________________________________________
Mr. Arvind Dhanraj Aswani, for the Applicant.
_______________________________________________________________
CORAM: MADHAV J. JAMDAR, J.
DATED: 02 FEBRUARY 2026
P.C.:
1. The Interim Application has been taken out seeking condonation
of delay of 53 days in filing the Civil Revision Application.
2. Mr. Aswani, learned Counsel appearing for the Applicant, states
that this Court has already issued notice to the Respondent by Order
dated 30th September 2024 and the Respondent has already been
served.
3. However, none appears for the Respondent. There is no Affidavit-
in-Reply filed by the Respondent.
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40-IA-13141-2024.doc
4. Thus, the contentions raised in the Interim Application have
remained uncontroverted.
5. Accordingly, for the reasons set out in the Interim Application, the
same is allowed in terms of prayer clause (b). Resultantly, the delay in
filing the Civil Revision Application is condoned.
6. The Civil Revision Application be placed for admission on 23rd
February 2026.
[MADHAV J. JAMDAR, J.]
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