Bombay High Court

RAMESH BUILDERS THR RAMESH NANJI THAKKAR PARTNER AND AUTHORIZED REPRESENTATIVE OF RAMESH BUILDERversusDHARMENDRA LABHSHANKAR VORA (SINCE DECEASED) THR. LRS.1.1 BHADRA DHAMENDRA VORA AND ORS.(Deceased)

Decided: 28 April 2026
Disposal: Allowed
Bench: SHARMILA U DESHMUKH

Holding

The court held that the 14‑day delay in filing the appeal is condoned.

Summary

The applicant, Ramesh Builders, filed an appeal 14 days beyond the prescribed period and moved an interim application seeking condonation of the delay. The respondent did not oppose the application. The court examined the short duration of the delay and, finding no prejudice, decided to condone it. Consequently, the interim application was allowed, permitting the appeal to proceed. No substantive merits of the appeal were addressed in this order.

Issues considered

Whether a delay of 14 days in filing an appeal can be condoned under the Civil Procedure Code

Subjects

condonation of delay
appeal
interim application
civil procedure

Judgment

2026:BHC-AS:6505

                                                                              30 IA-3151-2026.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 3151 OF 2026
                                                        IN
                                        FIRST APPEAL (St.) NO. 2669 OF 2026

                   Ramesh Builders                                            ...Applicant
                             Versus
                   Dharmendra Labhshankar Vora (since deceased,
                   through LRs) and Others                                    ...Respondents

                                                 ——————
                   Mr. Jash B. Vyas for Applicant/Org. Appellant.
                   Mr. Anuj Pande for Respondent No. 2(a)(ii).
                   Ms. Jaymala Ostwal for Respondent No. 2(b) (through VC).
                                                 ——————

                                                 CORAM : SHARMILA U. DESHMUKH, J.
                                                 DATE    : 28th APRIL, 2026


                   P. C. :

                   1.        Interim Application has been preferred seeking condonation of

                   delay of 14 days caused in preferring the present Appeal.

                   2.        Learned counsel appearing for Respondent does not fairly

                   oppose the application, considering the duration of delay.

                   3.        For the reasons stated in the application, delay of 14 days is

                   condoned.

                   4.        Interim Application is allowed.


                                                            [SHARMILA U. DESHMUKH, J.]


                   Sairaj                               1 of 1

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