Bombay High Court

SAVITA ATUL KADAMversusVAISHALI SOMNATH PATIL AND ORS.

Disposal: Allowed

Holding

The court held that the 90‑day delay in filing the first appeals is condoned.

Summary

The applicant, Savita Atul Kadam, filed interim applications seeking condonation of a 90‑day delay in preferring first appeals for enhancement. The court found that the reasons for the delay were not contested and no improper motive was evident, thereby condoning the delay. The interim applications were subsequently disposed of. The court admitted both first appeals (ST Nos. 589 of 2026 and 585 of 2026) and ordered that service of process be waived for Respondent No. 2 and Respondent No. 5. The matter was directed to call for the record and proceedings, with parties allowed to file private paper books, and the appeals were to be heard together.

Issues considered

Whether a delay of 90 days in filing a first appeal can be condoned under the Civil Procedure Code.
Whether service of notice can be waived for respondents in the pending appeals.

Subjects

condonation of delay
first appeal
service waiver
civil procedure
interim application

Judgment

                                                            69 IA 268 OF 2026.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

               69 INTERIM APPLICATION NO. 268 OF 2026
                                 IN
                   FIRST APPEAL ST NO. 589 OF 2026
                               WITH
                INTERIM APPLICATION NO. 269 OF 2026
                                 IN
                   FIRST APPEAL ST NO. 585 OF 2026

                          SAVITA ATUL KADAM
                                 VERSUS
                  VAISHALI SOMNATH PATIL AND ORS.
                                     ...
    Advocate for Applicant : Mr. V. S. Kupawade i/by Mr. R. S. Alange
           Advocate for Respondent no. 2 : Mr. Pravin Alawekar
 Advocate for Respondent No. 5 : Mr. Ashirwad Kolekar i/by Mr. N.D. Joshi
                                     ...
                    CORAM                : SHAILESH P. BRAHME, J.
                     DATE                 : 27.08.2026


PER COURT :

       INTERIM APPLICATION NO. 268/2026 & 269/2026 FOR DELAY
CONDONATION :

1.    The applicant seeks condonation of delay of 90 days in preferring first
appeals for enhancement.

2.    The reasons stated in the applications for condonation of delay have
not been controverted. No oblique motive can be inferred on the part of the
applicant for causing delay in filing the appeals. The delay stands condoned.

3.    The interim applications are disposed of.

      FIRST APPEALS (ST) NO. 589 OF 2026 & 585 OF 2026 :

4.    Admit.

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                                                                69 IA 268 OF 2026.odt

5.      Learned counsel Mr. Alawekar waives service for respondent no. 2.
Learned counsel Mr. Kolekar i/by Mr. Joshi, learned counsel waives service
for the respondent No. 5.

6.      Call for record and proceedings.

7.      Print is dispensed with. Parties shall be at liberty to file private paper
book. Both appeals shall be heard together.



                                         ( SHAILESH P. BRAHME, J.)




mkd/-




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