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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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