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Bombay High Court

RAM MAHAL CO-OPERATIVE HOUSING SOCIETY LTD.versusRAVI JOSEPH PEREIRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The court condoned the delay in filing the first appeal and granted time for settlement, disposing of the interim application.

Summary

The High Court of Bombay considered a civil revision application filed by Ram Mahal Co‑Operative Housing Society against Ravi Joseph Pereira and others. The applicant sought condonation of delay in filing the first appeal, which the court granted. Counsel for the applicant indicated that the parties were attempting an amicable settlement and requested additional time. Respondent counsel argued that settlement was unlikely and urged the court to proceed if no settlement was reached within four weeks. The court listed the revision application and the first appeal for hearing on 10 July 2026, conditioned that if settlement does not occur within the stipulated period, the matter will be proceeded with. The interim application filed in the first appeal was disposed of.

Issues considered

  • Whether the delay in filing the first appeal should be condoned
  • Whether the court should grant time for the parties to attempt an amicable settlement

Subjects

  • civil procedure
  • condonation of delay
  • settlement
  • interim application
  • revision

Judgment

                      Sonali Mane                                                         37-CRA-440-2025.docx



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                     CIVIL REVISION APPLICATION NO. 440 OF 2025
                                                             WITH
                                        INTERIM APPLICATION NO. 2055 OF 2024
                                                             WITH
                                           FIRST APPEAL (ST) NO. 18712 OF 2022

                      Ram Mahal Co-Operative Housing Society                         … Applicant
                               Versus
                      Ravi Joseph Pereira And Ors.                                   … Respondents




                      Adv. Pradeep Thorat a/w Adv. Aniesh Jadhav a/w Adv. Rushikesh Kekane
                      for Applicant.
                      Adv. Abhishek Karnik a/w Adv. Sandeep Wankhede i/b Divekar & Co. for
                      Applicant in IA/2055/2024 and Appellant in FAST/18712/2022.
                      Adv. Ema Almeida for Respondent No.3 in CRA/440/2025.
                      Adv. Nusrat Shah a/w Adv. Ema Almeida, Adv. Kevin Gala, Adv. Archana
                      Jhah and Adv. Sayali Ramugade i/b Adv. Naazish Shah for Respondent Nos.
                      1 and 2 in FAST/18712/2022 and CRA/440/2025.




                                                          CORAM        : ARUN R. PEDNEKER, J.
                                                          DATE         : 12 JUNE, 2026
   MANE
   SONALI
   DILIP              P.C. :
Digitally signed by
MANE SONALI DILIP
Date: 2026.06.16
10:44:33 +0530




                      1.             Delay in filing the First Appeal is condoned.



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Sonali Mane                                                          37-CRA-440-2025.docx



2.            Learned counsel appearing for the Applicant in the Civil Revision
Application submits that the parties are exploring possibility of an amicable
settlement and that he seeks time.



3.            Learned counsel appearing for the Respondent submits that the
settlement may not be possible, as the Applicant are not pursuing the
settlement. In the event, that the settlement does not take place in the next
four weeks, this court would be proceed with the matter.



4.            Civil Revision Application No.440 of 2025 and First Appeal No.
18712 of 2022 list on 10 July, 2026.



5.            Interim application in First Appeal is disposed off.




                                                   [ARUN R. PEDNEKER, J.]




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