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Bombay High Court

SEEMA AMBADAS HUNDEKAR ALIAS MRS. SEEMA RAJU GUNJALversusMEHMOOD MEHENDI KHAN

Decided
Disposal
Disposed Off

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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