Bombay High Court

MAHAVIR BHUJGONDA PATILversusTATYASO SHANTGONDA PATIL AND ORS

Disposal: Allowed

Holding

The Court held that the fifteen‑day delay in filing the Second Appeal is condoned.

Summary

Mahavir Bhujgonda Patil filed an interim application seeking condonation of a 15‑day delay in filing Second Appeal (ST) No. 32792 of 2022 against a judgment dated 11 August 2022 passed by the District Judge‑1, Sangli. The applicant alleged financial hardship and that he could obtain legal assistance only after approaching the Court’s Legal Aid Cell. The respondents’ counsel did not oppose the condonation. The Court, after considering the applicant’s circumstances and the lack of opposition, allowed the application and ordered that the delay be condoned. Consequently, the Registry was directed to register the second appeal. The interim application was therefore allowed and disposed of.

Issues considered

Whether a delay of fifteen days in filing a Second Appeal (ST) under the Civil Procedure Code can be condoned in view of the applicant’s financial hardship and lack of opposition.

Subjects

condonation of delay
second appeal
legal aid
civil procedure
interim application

Judgment

                                                         22-IA-1372-2023.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION
              INTERIM APPLICATION NO. 1372 OF 2023
                                      IN
              SECOND APPEAL (ST) NO. 32792 OF 2022
                                 WITH
              INTERIM APPLICATION NO. 1373 OF 2023
                                      IN
              SECOND APPEAL (ST) NO. 32792 OF 2022

Mahavir Bhujgonda Patil                             ...Applicant
       Versus
Tatyaso Shantgonda Patil And Ors.               ...Respondents
 __________________________________________________________
Mr. D. G. Patil, Advocate for the Applicant.
Mr. Om Gurav i/b Sandeep Korgave, Advocate for the Respondent
No. 18 to 20.
 __________________________________________________________
                               CORAM : ASHWIN D. BHOBE, J.
                                DATE : 4th September, 2026.
P.C. :
1.       Heard Mr. D. G. Patil, learned Advocate for the Applicant

and Mr. Om Gurav, learned Advocate for the Respondent Nos. 18

to 20.


2.       By   this    Interim   Application,   the   Applicant       seeks

condonation of delay of 15 days in filing the Second Appeal (ST)

No. 32792 of 2022, against the Judgment and Decree dated



Arjun                             1
                                                      22-IA-1372-2023.doc



11.08.2022, passed by the District Judge-1, Sangli in Regular Civil

Appeal No. 353 of 2016.


3.      Mr. D. G. Patil, learned Advocate for the Applicant, states

that the Applicant is in financial crisis and as such, was not in a

position to avail legal assistance. He submits that the Applicant

finally approached the Legal Aid Cell of this Court to provide him

with legal assistance.


4.      Mr. Om Gurav, learned Advocate for the Respondent Nos.

18 to 20, does not oppose the condonation of delay of 15 days in

filing of Regular Civil Appeal No. 353 of 2016.


5.      In view of the above, considering the statements made in

the Application, more so in paragraph Nos. 7 and 8 and the fair

stand taken by Mr. Om Gurav, learned Advocate for the

Respondent Nos. 18 to 20, this Application is allowed.

Consequently, the delay in filing of the Second Appeal (ST) No.

32792 of 2022 is condoned.


6.      The Registry is directed to register the Second Appeal (ST)

No. 32792 of 2022.



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                                                                     22-IA-1372-2023.doc



                     7.      Interim Application No. 1372 of 2023 is allowed and

                     disposed of.



                                                           (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.05
        11:05:16
        +0530




                     Arjun                       3

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