Bombay High Court

DILIP RAMCHANDRA DESHPANDEversusBABURAO RAOJI CHAVAN

Disposal: Allowed

Holding

The court condoned the 18‑day delay and allowed the interim application.

Summary

The applicant, Dilip Ramchandra Deshpande, filed an interim application seeking condonation of an 18‑day delay in filing Second Appeal No. 809 of 2025, which challenges a judgment dated 6 September 2024. The applicant and his counsel were absent, but the court noted that the same appeal was already listed for hearing. Respondents' counsel, Mr. A.B. Tajane and Mr. Yuvraj Narvankar, did not oppose the condonation. The court examined the explanation offered in the application and found no mala fide intent. Accordingly, the court exercised its discretion under the Civil Procedure Code to condone the delay. The interim application was allowed and the registry was directed to register the second appeal.

Issues considered

Whether the 18‑day delay in filing the second appeal can be condoned under the provisions governing procedural delays.

Subjects

condonation of delay
second appeal
civil procedure
interim application
procedural discretion

Judgment

                                                           903-IA-2078-2025 (C).docx


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR

                         CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 2078 OF 2025
                                    IN
                    SECOND APPEAL (ST.) NO. 809 OF 2025

Dilip Ramchandra Deshpande                             … Applicant/Appellant
                       Versus
Baburao Raoji Chavan & Ors.                            … Respondents


                               ——————
None for the Applicant/Appellant.
Mr. A.B. Tajane for the Respondent Nos.1, 2B, 2C, 2D, 3A, 3B, 3C, 4, 5, 6 & 7.
Mr. Yuvraj Narvankar a/w. Mr. Rahul C. Patil for the Respondent No.9.
                               ——————

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   3rd September 2026.

PER COURT :


1.    By the present Application the Applicant is seeking the following

substantive relief :


        “a)    This Hon'ble Court be pleased to allow this Application and

               condone delay of 18 days in filing the Second Appeal.”

2.    Though neither the Applicant nor the Advocate for the Applicant is

present, considering that Second Appeal No. 179 of 2025 (which is at Sr.


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                                                                                903-IA-2078-2025 (C).docx


                     No.40 on Today’s Daily Cause-List) also assails the Judgment and Decree

                     dated 6th September 2024 passed in Regular Civil Appeal No. 104 of 2019 at

                     the instance of the original plaintiff, considering that the delay in the present

                     Application is of 18 days, this Application is taken up.


                     3.       Mr. Tajane, learned Advocate for the Respondent No. 1, 2B, 2C, 2D, 3A,

                     3B, 3C, 4, 5, 6 & 7 and Mr. Narvankar, learned Advocate for the Respondent

                     No.9, do not oppose the condonation of delay.


                     4.       Considering the statements made in the Application and in the absence

                     of any mala fide, this Application is allowed.       The delay of 18 days is

                     condoned.      The Registry is directed to register the accompanying Second

                     Appeal (St.) No. 809 of 2025.


                     5.       Interim Application No. 2078 of 2025 is allowed in aforesaid terms.




                                                             [ ASHWIN D. BHOBE, J. ]

           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.03
           20:18:34
           +0530




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