Bombay High Court

DASHRATH BUVAJI KHARADE (DECD) BY LRS. AND ORS.versusASHA MADHUKAR PATIL

Disposal: Allowed

Holding

The Court held that the delay is condoned and the writ petition is restored to its original position.

Summary

The applicants, represented by Shri Vijaysinh Salunke and Shri Someshwar Wale, filed an interim application in a civil appellate writ petition seeking relief from a procedural delay. They requested that the Court condone the delay and restore the writ petition to its original position. The Court examined whether the reasons for the delay justified condonation and whether the petition could be reinstated. Finding the applicants' reasons satisfactory, the Court condoned the delay. Consequently, the interim application was allowed and the writ petition was restored to its original status. The interim application was thereafter disposed of.

Issues considered

Whether the delay in filing the interim application can be condoned under the applicable procedural law
Whether the writ petition should be restored to its original position upon condonation of delay

Subjects

interim relief
condonation of delay
writ petition
civil appellate jurisdiction
Bombay High Court

Judgment

2026:BHC-KOL:8679




                                          1                          34.IA-1351-2026.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIRCUIT BENCH AT KOLHAPUR
                               CIVIL APPELLATE JURISDICTION

                              INTERIM APPLICATION NO. 1351 OF 2026
                                             IN
                                 WRIT PETITION NO. 1753 OF 2005

                          Dashrath Buvaji Kharade
                          Since deceased through Lrs.
                          Smt. Kamalabai Dashrath Kharade
                          and others                               ...Applicants

                                                VERSUS

                          Asha Madhukar Patil                      ...Respondent

                    Shri Vijaysinh Salunke, Advocate through V.C. a/w Shri
                    Someshwar Wale, Advocate for the Applicants.

                                      CORAM : SHAILESH P. BRAHME, J.
                                       DATE : 08TH SEPTEMBER, 2026.

                    FINAL ORDER :


                    .     For the reasons mentioned in the application, the interim
                    application is allowed.   The delay stands condoned.     The writ
                    petition is restored to its original position. Interim application
                    stands disposed of.


                                                 [ SHAILESH P. BRAHME J. ]


                    bsb/Sept. 26

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