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Bombay High Court

SHRI SAI VISHRAM CO OPERATIVE HOUSING SOCIETY LTD AND ORSversusBeena Hitesh Trivedi

Decided
Disposal
Disposed Off

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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