Bombay High Court

SMT. SINDHU MAHADEV GORE AND ORS.versusSHRI. TANAJI GOVIND GORE AND ORS.

Disposal: Allowed

Holding

The Court condoned the delay and restored the first appeal to its original position.

Summary

The Court considered an interim application (No. 1460 of 2026) filed in Civil Application No. 3684 of 2019, seeking relief for delay in the proceedings. The applicants, represented by Amol S. Deshinge on behalf of Santosh D. Bhosale, requested that the delay be condoned and that the first appeal be restored to its original position. The Court examined whether the procedural lapse could be excused and whether the appeal could be reinstated. Finding no substantive impediment, the Court condoned the delay and ordered that the first appeal stand restored. Additionally, the Court directed that a notice be issued to the respondents, to be returned by 21 October 2026, and instructed the applicant to remove the office objections.

Issues considered

Whether the delay in filing the interim application can be condoned?
Whether the first appeal should be restored to its original position?

Subjects

condonation of delay
interim application
civil appeal
restoration of appeal
notice issuance

Judgment

                                                                                    16-IA-1460-2026=.doc



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

                                    INTERIM APPLICATION NO. 1460 OF 2026
                                                      IN
                                      CIVIL APPLICATION NO. 3684 OF 2019
                                                      IN
          Digitally
          signed by
          UDAY
                                     FIRST APPEAL (ST) NO. 12352 OF 2019
UDAY      SHIVAJI
SHIVAJI   JAGTAP       Smt. Sindhu Mahadev Gore And Ors.               … Applicants
JAGTAP    Date:
          2026.09.24
          17:55:42                      Vs.
          +0530

                       Shri. Tanaji Govind Gore And Ors.                          … Respondents
                                                     ………….
                       Amol S. Deshinge i/b Santosh D. Bhosale for the Applicants
                                                     ………….
                                                          CORAM : SHAILESH P. BRAHME, J.

                                                          DATE       : 23rd SEPTEMBER, 2026.
                       P. C. :

                       I.A. NO. 1460 OF 2026
                       .         Heard.

                       2.        For the reasons stated in the application, delay stand condoned and

                       the First Appeal shall stand restored to its original position.

                       3.        The applicant to remove the office objections.

                       CIVIL APPLICATION NO. 3684 OF 2019

                       4.        Issue notice to the respondents returnable on 21.10.2026.




                                                                      ( SHAILESH P. BRAHME, J. )



                       Uday S. Jagtap                       1 of 1

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