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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
                                     -----
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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                                                                     41-IA-30678-2022.doc


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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                                                         41-IA-30678-2022.doc


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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                                                           41-IA-30678-2022.doc


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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                                                                             41-IA-30678-2022.doc


                     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




                     Arjun                           5


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