Bombay High Court

DUVILLE ESTATES PRIVATE LIMITED THROUGH ITS AUTHORIZED REPRESENTATIVE MR. AMIT SONIversusMAHARASHTRA REAL ESTATE APPELLATE TRIBUNAL MUMBAI

Decided: 17 June 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The court condoned the 11‑day delay and allowed the interim application.

Summary

The applicants filed an interim application seeking condonation of an 11‑day delay in filing an appeal against an order of the Maharashtra Real Estate Appellate Tribunal dated 21 November 2025. The court noted that the notice was served on Respondent No.2 and that Respondent No.2 did not appear. The counsel for the applicants argued that the short delay should be condoned in the interest of substantive justice. The bench, after considering the reasons advanced, granted leave to amend the appeal to delete Respondent No.1 and condoned the delay. Consequently, the interim application was allowed, the delay was condoned, and the second appeal was ordered to be registered and listed for admission after two weeks.

Issues considered

Whether an 11‑day delay in filing an appeal can be condoned under civil procedure rules

Subjects

condonation of delay
interim application
appeal filing
civil procedure
high court

Judgment

                                                           30 IA 2694-26.DOC

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

              INTERIM APPLICATION NO. 2694 OF 2026
                               IN
               SECOND APPEAL (ST) NO. 5863 OF 2026

Duville Estates Pvt. Ltd. & anr.                           ..Applicants
     Versus
Maharashtra Real Estate                               …Respondents
Appellate Tribunal & anr.

Ms. Sauda Nachan, a/w Sharique Nachan, Ms. Tajmiya
     Siddqui i/b Taha Shaikh, for the Applicants.

                           CORAM :           N. J. JAMADAR, J.
                           DATE        :     17th JUNE 2026

P.C.:

1.      Heard the learned Counsel for the Applicants.

2.      At the outset, Ms. Sauda, the learned Counsel for the

applicants, seeks leave to amend the application and the appeal

memo so as to delete Respondent No.1 as a party respondent.

3.      Leave granted.

4.      Necessary amendment be carried out forthwith.

                                IA/2694/2026

5.      This is an application for condonation of 11 days delay in

filing the appeal against an order dated 21st November, 2025

passed by the Maharashtra Real Estate Appellate Tribunal in

Miscellaneous     Application    No.       638/2025   in    Appeal     No.

AT06/00429/2025.

SAINATH, PA                            1/2
                                                          30 IA 2694-26.DOC

6.    The notice was issued to Respondent No.2.

7.    The office report indicates that, the notice has been duly

served on respondent No.2.

8.    None appears for Respondent No.2.

9.    For the reasons ascribed in the application, considering

and the short period of delay of 10 days only, and in order to

advance the cause of substantive justice, the delay deserves to

be condoned.

10.   Hence, the following order :-

                             ::ORDER::

         i)    The Interim Application stands allowed.

         ii)   The   delay   in   filing   the   appeal   stands

         condoned.

         Iii) The Second Appeal be registered and listed for

         admission after two weeks.



                                            [N. J. JAMADAR, J.]




SAINATH, PA                          2/2

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