Bombay High Court
SUHAS RAJARAM BHOSALE AND ORS.versusSHOUKAT ALLABAKASH BAGWAN SINCE DECEASED THR. LRS. SHAHANAJ SHOUKAT BAGWAN AND ORS.
- Disposal
- Disposed Off
Holding
The Court condoned the 43‑day delay as no mala fides was found on the part of the applicants.
Summary
The applicants, Suhas Rajaram Bhosale and others, filed an interim application seeking condonation of a 43‑day delay in preferring their first appeal (ST) No. 7375 of 2026. The respondents contested the application. The Court examined whether any mala fides existed and considered the explanation for the delay provided by the applicants. Finding no mala fides and accepting the explanation, the Court decided to condone the delay. Consequently, the appeal was listed for admission on 4 November 2026.
Issues considered
- Whether the 43‑day delay in filing the appeal should be condoned
Subjects
- condonation of delay
- civil appeal
- procedure
- high court
- no mala fides
Judgment
62-IA-1545-2026=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1545 OF 2026
Digitally
IN
signed by
UDAY UDAY
SHIVAJI
FIRST APPEAL (ST) NO. 7375 OF 2026
SHIVAJI JAGTAP
JAGTAP Date:
2026.10.09
16:37:05
+0530
Suhas Rajaram Bhosale and Ors. … Applicants
Vs.
Shoukat Allabakash Bagwan Since Deceased Thr. Lrs. … Respondents
Shahanaj Shoukat Bagwan and Ors.
………….
Mr. Paras Yadav for the Applicants
Mr. D.V. Sutar i/b V.A. Tambe for Respondent Nos. 1 and 2.
Mr. Surjeet N. for Respondent Nos. 15 to 29.
………….
CORAM : SHAILESH P. BRAHME, J.
DATE : 8th OCTOBER, 2026.
P. C. :
. Heard. The contesting parties are before the Court.
2. The applicant seeks to condone the delay of 43 days in preferring
the appeal.
3. The application is contested by the respondents.
4. For the reasons stated in the application, the applicants seek to
condone the delay. I do not find any mala fides on the part of the
applicants.
Uday S. Jagtap 1 of 2
62-IA-1545-2026=.doc
5. The delay is explained in the application. The delay stands
condoned.
6. List the First Appeal for admission on 04.11.2026.
( SHAILESH P. BRAHME, J. )
Uday S. Jagtap 2 of 2
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