Bombay High Court

GANPAT TULJIRAM GUJARE AND ORSversusSHANTARAM LAXMAN PAWAR AND ORS.

Disposal: Allowed

Holding

Delay is condoned and the First Appeal is restored to its original position.

Summary

The Court considered an interim application filed by the applicants seeking condonation of delay and restoration of their first appeal. The application argued that the delay was justified and that the appeal should be reinstated to its original position. The Court, after hearing, condoned the delay and ordered that the first appeal be restored. It also directed the applicant to remove any office objections and issued a notice to the respondents to be returned on 21 October 2026. The order effectively allowed the interim relief sought by the applicants.

Issues considered

Whether the delay in filing the interim application should be condoned
Whether the first appeal should be restored to its original position
Whether the applicant should remove office objections

Subjects

condonation of delay
interim application
restoration of appeal
office objections
notice issuance

Judgment

                                                                                    17-IA-1461-2026=.doc



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

                                     INTERIM APPLICATION NO. 1461 OF 2026
                                                       IN
                                  INTERIM APPLICATION (ST.) NO. 21475 OF 2021
                                                       IN
          Digitally
          signed by
          UDAY
                                      FIRST APPEAL (ST.) NO. 21471 OF 2021
UDAY      SHIVAJI
SHIVAJI   JAGTAP       Ganpat Tuljiram Gujare And Ors                   … Applicants
JAGTAP    Date:
          2026.09.24
          17:55:43                      Vs.
          +0530

                       Shantaram Laxman Pawar 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. 1461 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.

                       I.A. (ST.) NO. 21475 OF 2021

                       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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