Bombay High Court
VILAS GENBHAU BHOMEversusBABAN SAKHARAM BHOME DECEASED THROUGH LRS SATISH B BHOME AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay in filing the first appeal.
Summary
Vilas Genbhau Bhome filed a first appeal but delayed filing it. The respondents were served but did not appear. The applicant moved an interim application seeking condonation of the delay. The court, after hearing counsel, found that sufficient cause was shown and that condoning the delay would serve the substantive interest of justice. Accordingly, the court allowed the interim application and ordered that the appeal be heard on its merits.
Issues considered
- Whether the delay in filing the first appeal can be condoned under the Civil Procedure Code
- Whether sufficient cause for the delay has been demonstrated
Subjects
- condonation of delay
- civil appeal
- interim application
- substantive justice
- procedure
Judgment
Digitally
signed by
1/1 21-IA-1515-2021 (C).DOC
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE Date:
2026.09.08
17:38:24
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1515 OF 2021
IN
FIRST APPEAL (ST) NO. 98404 OF 2020
Vilas Genbhau Bhome ...Applicant
Versus
Baban Sakharam Bhome Deceased
Through Lrs. Satish B Bhome And Ors. ...Respondents
_______
Mr. P. M. Arjunwadkar (through V.C.) a/w Mr. P. S. Hande and Mr. O. S. Shinde,
for the Applicant.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 7th SEPTEMBER, 2026
P.C.
1. The Interim Application seeks condonation of delay in filing the captioned
First Appeal.
2. The Respondents, though served, none appeared. Affidavit of service has
been duly filed.
3. Having heard learned counsel and having perused the Interim
Application, I am satisfied that sufficient cause has been shown to condone the
delay. In my view, the substantive interest of justice would best be served if the
delay is condoned and the First Appeal is heard on merits.
4. The Interim Application is allowed in terms of prayer clauses (a) and (b).
[ARIF S. DOCTOR, J.]
Vaibhav
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