Bombay High Court
SHRI DAMU TUKARAM JADHAV SINCE DECEASED THROUGH LRSversusZUNKABAI GOPALA BORADE
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the delay and restored the Second Appeal, recalling the order dated 7 November 2023.
Summary
An interim application was filed seeking restoration of Second Appeal No. 718 of 1995 after a delay of nearly two years in filing. The respondent opposed the application but left the decision to the court. The High Court, noting the lengthy delay but wishing to give the appellant a chance to prosecute the appeal on its merits, condoned the delay and allowed the application. Consequently, the order dated 7 November 2023 was recalled, the appeal was restored, and the matter was listed for final hearing on 2 September 2026. The court also granted leave to record the legal representatives of a deceased respondent and ordered the necessary amendment.
Issues considered
- Whether the delay of 1 year and 362 days in filing the application for restoration of the appeal can be condoned
- Whether the Second Appeal should be restored and the earlier order recalled
Subjects
- restoration of appeal
- condonation of delay
- interim application
- civil appellate jurisdiction
- legal representatives
Judgment
2026:BHC-AS:35546
Renuka 905-IA-2854-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2854 OF 2026
IN
SECOND APPEAL NO. 718 OF 1995
WITH
SECOND APPEAL NO. 718 OF 1995
Shri Damu Tukaram Jadhav Since ...Petitioner
Deceased Through Lrs
V/s.
Zunkabai Gopala Borade ...Respondent
________________
Mr. V. V. Salunke i/b Mr. Anuj Tiwari for Applicant.
Mr. Nikhil M. Pujari with Mr. Bipin A Singh i/b P. N. Joshi for Respondent
No. 2.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 29 AUGUST 2026.
P.C.:
1) Application is filed seeking restoration of the Second
Appeal. Though the Application is opposed by Mr. Pujari, the learned
counsel appearing for the Respondent, he leaves it to the Court the
decision with regard to restoration. There is a delay of 1 year and 362
days in filing the Application. Considering the averments made in the
Application and with a view to afford an opportunity to the Appellant to
prosecute the Appeal on the merits, the Application is allowed. Delay is
Page No.1 of 2
29 August 2026
Renuka 905-IA-2854-2026.docx
condoned. Second Appeal is restored by recalling order Dated 7
November 2023. Interim Application is accordingly allowed and disposed
of.
Second Appeal No. 718 of 1995:-
2) It appears that the Respondent No. 2 has passed away. Leave
is granted to bring on record legal representatives of Respondent No. 2.
Mr. Pujari, the learned counsel submits that he has instructions to
appear on behalf of the legal heirs of deceased Respondent No. 2.
Amendment to be carried out forthwith.
3) List the Appeal for final hearing on 2 September 2026 at 5.00
p.m.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.2 of 2
Designation: PA To Honourable Judge 29 August 2026
Date: 31/08/2026 16:54:13
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