Bombay High Court
SHRI SAI VISHRAM CO OPERATIVE HOUSING SOCIETY LTD AND ORSversusBeena Hitesh Trivedi
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
Holding
The Court condoned the delay in preferring the appeals.
Summary
The applicants, Shri Sai Vishram Co-operative Housing Society Ltd. and others, filed interim applications seeking condonation of a 20‑day delay in filing second appeals against orders of the Maharashtra Real Estate Appellate Tribunal. The delay arose because the appellants had earlier filed writ petitions challenging the tribunal's orders, which were dismissed on 23 February 2026, granting them liberty to prefer the second appeal. The Court examined whether the reasons for the delay justified condonation under procedural law. Finding the explanations satisfactory, the Court held that the delay warranted condonation. Consequently, the applications were allowed, the delay was condoned, and the appeals were ordered to be registered.
Issues considered
- Whether a 20‑day delay in preferring a second appeal can be condoned under the Civil Procedure Code.
- Whether the reasons provided for the delay constitute sufficient cause for condonation.
Subjects
- condonation of delay
- second appeal
- Maharashtra Real Estate Appellate Tribunal
- Civil Procedure Code
- appeal registration
Judgment
909 12 13 15-IAST2793-2026+.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2793 OF 2026
IN
SECOND APPEAL NO. 148 OF 2026
Shri Sai Vishram Co-operative Housing
Society Ltd. and ors. ...Applicants
Versus
Ninad Padmakar Paralkar and ors. …Respondents
WITH
INTERIM APPLICATION NO. 2791 OF 2026
IN
SECOND APPEAL NO. 161 OF 2026
Shri Sai Vishram Co-operative Housing
Society Ltd. and ors. ...Applicants
Versus
Shreya Hitesh Trivedi And Ors …Respondents
WITH
INTERIM APPLICATION NO. 2789 OF 2026
IN
SECOND APPEAL NO. 162 OF 2026
ARUN
RAMCHANDRA
SANKPAL Shri Sai Vishram Co-operative Housing
Digitally signed by
ARUN
Society Ltd. and ors. ...Applicants
RAMCHANDRA
SANKPAL
Date: 2026.04.11
18:34:09 +0530 Versus
Beena Hitesh Trivedi And Ors. …Respondents
WITH
INTERIM APPLICATION NO. 2788 OF 2026
IN
SECOND APPEAL NO. 164 OF 2026
Shri Sai Vishram Co-operative Housing
Society Ltd. and ors. ...Applicants
Versus
Meera Padmakar Paralkar Since Deceased
Through LRs. …Respondents
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909 12 13 15-IAST2793-2026+.DOC
Ms. Kashmira Bharucha, i/b Akshay Pawar, for the Applicants
– Appellants in all IA and SA.
Mr. Mohit Khanna, a/w Harsh B. and Saloni Manjrekar and
Gaurav Gawali, i/b HN Legal, for the Respondents.
CORAM: N. J. JAMADAR, J.
DATED: 8th APRIL, 2026
PC:-
IA/2793/2026, IA/2791/2026, IA/2789/2026 & IA/2788/2026
1. Heard the learned Counsel for the applicants.
2. These applications are for condonation of 20 days delay in
Cling the appeals against the orders passed by the Maharashtra
Real Estate Appellate Tribunal. The delay was caused as the
appellant had Cled writ petitions assailing the impugned order
and, by an order dated 23rd February, 2026, the writ petitions
were dismissed with liberty to prefer the second appeal.
3. Thus, for the reasons ascribed in the applications, the
delay deserves to be condoned.
4. The applications stand allowed.
5. The delay in preferring the appeals stand condoned.
6. The Appeals be registered.
[N. J. JAMADAR, J.]
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