Bombay High Court

KAMINI KISHOR SHINDEversusSULOCHANA RAMESH SHINDE

Decided: 9 September 2026
Disposal: Disposed Off

Holding

The three‑day delay in filing the second appeal is condoned.

Summary

The appellant, Kamini Kishor Shinde, filed an interim application seeking condonation of a three‑day delay in filing a second appeal under the Stamp Act. The respondent, Sulochana Ramesh Shinde, did not oppose the application. The court examined the reasons for the delay and considered the short duration of the lapse. Relying on principles of equity and procedural flexibility, the judge found no prejudice to the respondent. Consequently, the application was allowed and the delay was condoned, permitting the second appeal to proceed.

Issues considered

Whether a delay of three days in filing a second appeal can be condoned under procedural law

Subjects

condonation of delay
second appeal
interim application
civil procedure
procedural law

Judgment

  2026:BHC-AS:37310
                         k                                    1/1                          4 ia 20424.22 in sa as.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO. 20424 OF 2022
                                                            IN
                                           SECOND APPEAL (STAMP) NO.23064 OF 202

                         Kamini Kishor Shinde                                                  ....Appellant
                               V/S
                         Sulochana Ramesh Shinde                                               ....Respondent
                                                                _________

                         Ms. Yogita Deshmukh-Chitnis for the Appellant/Applicant.
                         Mr. Gautam T. Kanchanpurkar for Respondent.
                                                   _________

                                                        CORAM : SANDEEP V. MARNE, J.
                                                        DATE : 9 SEPTEMBER 2026.
                         P.C.:

                         1.           This Interim Application is filed seeking condonation of delay of 3
                         days in filing the Appeal. The Application is fairly not opposed by
                         Mr. Kanchanpurkar, the learned counsel appearing for the Respondent.
                         In view of the averments made in the Application and considering the
                         length of delay, I deem it appropriate to condone the delay in filing the
                         Second Appeal. Interim Application is accordingly allowed and
                         disposed of by condoning the delay.


                                                                                      (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                      Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 10/09/2026 11:41:09

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