Bombay High Court

BALKRISHNA MAHADEV SHETYEversusSPECIAL LAND ACQUISITION OFFICER AND ORS

Disposal: Allowed

Holding

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

Summary

The applicant, Balkrishna Mahadev Shetye, filed a first appeal (No. 172 of 2017) before the Bombay High Court. The appeal had lapsed due to a procedural delay, and the applicant sought condonation of the delay and restoration of the appeal to its original position. Counsel for the applicant submitted that the required paper book had already been filed, supporting the request for condonation. The Court examined the reasons provided in the interim application and found them sufficient to justify condoning the delay. Accordingly, the Court allowed the application, condoned the delay, and restored the appeal to its original status. No substantive merits of the appeal were addressed in this order.

Issues considered

Whether the delay in filing the appeal can be condoned under the applicable procedural law
Whether the appeal can be restored to its original position upon condonation of delay

Subjects

condonation of delay
appeal restoration
civil procedure
interim application
High Court

Judgment

                         1                        502-IA-1428-2026 (C)

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

            INTERIM APPLICATION NO. 1428 OF 2026
                           IN
                FIRST APPEAL NO. 172 OF 2017

Balkrishna Mahadev Shetye                        …...Applicant
     VERSUS
Special Land Acquisition Officer & Ors.          …...Respondents

                            ...
Mr. Shubham Gangan i/b Mr. Harshad Bhadbhade, Advocate for
the Applicant.
                            ...

                    CORAM : SHAILESH P. BRAHME, J.
                     DATE : 11TH SEPTEMBER, 2026.

ORDER :


.        Learned counsel appearing for the Applicant seeks to
condone the delay and restore the First Appeal to its original
position.
2.       Learned counsel appearing for the Applicants submits that
the paper book has already been filed.
3.       For the reasons stated in the Application, the delay stands
condoned. The Application is allowed. The Appeal is restored to
its original position.



                                [ SHAILESH P. BRAHME J. ]


Suresh

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