Bombay High Court
KHASHABA BAPU SAWANT AND ANRversusSANTOSH BHASKAR CHAVAN AND ANR
- Disposal
- Disposed Off
Holding
The application for condonation of delay is dismissed as the pandemic exception does not apply and the delay is deemed unreasonable.
Summary
The Applicants sought condonation of a delay of over two years in filing a second appeal against a 2019 judgment, alleging that the COVID‑19 pandemic prevented timely filing. The Respondent contended that the application was mala fide, that the delay pre‑dated the pandemic, and that the Applicants had not even applied for a certified copy of the judgment within the limitation period. The Court examined the limitation timeline, noting that the appeal period expired in December 2019, well before the pandemic began on 15 March 2020, and that the Applicants offered no justification for the earlier inaction. Relying on the Supreme Court’s decision in *IN RE: Cognizance for Extension of Limitation* and the precedent of *Esha Bhattacharjee v. Raghunathpur Nafar Academy*, the Court held that the pandemic exception could not be invoked. Consequently, the Court dismissed the interim application for condonation of delay and, by implication, disposed of the related second appeal.
Issues considered
- Whether the Applicants are entitled to condonation of a delay of over two years in filing a second appeal.
- Whether the COVID‑19 pandemic provides a valid ground for extending the limitation period in this case.
- Whether the Applicants’ application is mala fide and intended to harass the Respondent.
Subjects
- condonation of delay
- limitation period
- second appeal
- COVID-19 pandemic
- mala fide
- civil procedure
Judgment
41-IA-30678-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 30678 OF 2022
WITH
INTERIM APPLICATION NO. 30679 OF 2022
IN
SECOND APPEAL (ST) NO. 7947 OF 2022
Khashaba Bapu Sawant and Anr. ...Applicants
Versus.
Santosh Bhaskar Chavan and Anr. ...Respondent
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Mr. Mahindra Deshmukh, for the Applicants.
Mr. Kuldeep Nikam, for the Respondent No. 1.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 27th August, 2026.
P.C. :
1. Heard Mr. Mahindra Deshmukh, learned Advocate for the
Applicants and Mr. Kuldeep Nikam, learned Advocate for the
Respondent No. 1.
2. By this Interim Application, the Applicants seek condonation
of delay of two (2) years, two (2) months and hundred and one
(101) days in filing the Second Appeal against the Judgment and
Decree dated 19.09.2019, passed by the Ad-hoc District Judge-1 at
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Sangli in Regular Civil Suit No. 104 of 2014, which confirmed the
Judgment and Decree dated 21.03.2014 passed by the 2 nd Civil
Judge, Junior Division, at Vita in Regular Civil Suit No. 04 of 2009.
3. Mr. Mahindra Deshmukh, learned Advocate for the
Applicants, states that the delay of two (2) years, two (2) months
and one hundred and one (101) days in filing the Second Appeal is
on account of the COVID-19 Pandemic. He submits that the
Applicants have given the reason for the delay in filing the Second
Appeal in paragraph six (6) of this Application. He relies on the
decision of the Hon’ble Supreme Court in IN RE: Cognizance for
Extension of Limitation.1
4. Mr. Kuldeep Nikam, learned Advocate for Respondent No. 1,
submits that the filing of the Application for condonation of delay
is mala fide. He submits that the Applicants have attempted to
mislead this Court by giving false reasons. He submits that the
Application contains misrepresentations. He submits that the filing
of this Application is intended to harass the Respondent. He
submits that the Applicants are negligent. He submits that no case
1 Suo Motu Writ Petition (Civil) No. 3 of 2020
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is made out for condonation of delay and therefore prays for
dismissal of this Application with compensatory costs.
5. Perused the records with the assistance of the learned
Advocates.
6. The period of limitation for filing the Second Appeal against
the Judgment and Decree passed in Regular Civil Suit No. 104 of
2014 commenced on 19.09.2019 and expired in December 2019.
The certified copy of the Judgment and Decree was not even
applied for until 15.03.2021. The Applicant has not provided any
reason for the delay in applying for the certified copy within the
limitation prescribed for filing a second appeal. Mr. Kuldeep
Nikam, learned Advocate for Respondent No. 1, is therefore
justified in his submission that the Applicants' intention in filing
these proceedings appears to be mala fide.
7. The reason sought to be advanced by the Applicants for
condonation of delay, i.e. the COVID-19 Pandemic, commenced on
15.03.2020, whereas the Judgment and Decree passed in Regular
Civil Suit No. 104 of 2014 is dated 19.09.2019. The period of
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limitation to file the Second Appeal in this case expired before
15.03.2020. Accordingly, the benefit of the decision in the
Cognisance for Extension of Limitation (supra) is not available to
the Applicants.
8. Thus, for the aforesaid reasons, this Court has no alternative
but to accept the submission of Mr. Kuldeep Nikam, learned
Advocate for the Respondent No. 1, that the Applicants are guilty
of inaction and negligence.
9. Applicants have failed to show any cause, let alone sufficient
cause, to condone the enormous delay in filing the Second Appeal.
Valuable rights have accrued in favour of the Respondents due to
the Applicants' inaction. If this Application is entertained, the
prejudice that will be caused to the Respondents would be greater
than any prejudice that can be claimed to be caused to the
Applicants.
10. In view of the above, even the benefit of a liberal approach
( see Esha Bhattacharjee v. Raghunathpur Nafar Academy 2) cannot
2 (2013) 12 SCC 649
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be extended to the case at hand. For the reasons stated above, this
Application has no merit.
11. Interim Application No. 30678 of 2022 is dismissed.
12. In view of the dismissal of the Interim Application No. 30678
of 2022, nothing survives in Interim Application No. 30679 of
2022 and Second Appeal (ST) No. 7947 of 2022. The same are
disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.08.31
11:02:49
+0530
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