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Bombay High Court

MOHAMMAD FAHIM MOHAMMAD AYYUB SOPARIWALA AND ANR.versusM/S DEEPTI TRADERS, THR. PROPRIETOR SUBHASH SHANTILAL SHAHA AND ORS.

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay of two years and 198 days in filing the Civil Revision Application.

Summary

The applicants, Mohammad Fahim and others, filed an interim application seeking condonation of a delay of two years and 198 days in filing a Civil Revision Application challenging an order dated 28 November 2019 passed by the Civil Judge Senior Division, Pune. The delay pertained to filing the revision under the Civil Procedure Code. The High Court noted that ordinarily such an inordinate delay would not be condoned. However, the Court considered the nature of the order that was to be passed in the main revision application and found sufficient cause to condone the delay. Consequently, the Court granted condonation of the delay and disposed of the interim application. The judgment was delivered by Justice Sandeep V. Marne on 4 March 2026.

Issues considered

  • Whether the delay of two years and 198 days in filing the Civil Revision Application can be condoned.

Subjects

  • condonation of delay
  • civil revision
  • procedural law
  • high court
  • interim application

Judgment

                      Neeta Sawant                                            56-IA-3599-2023.docx


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                         INTERIM APPLICATION NO. 3599 OF 2023
                                                              IN
                                 CIVIL REVISION APPLICATION (ST.) NO. 22580 OF 2022



                      Mohammad Fahim Mohammad Ayyub

                      Sopariwala and anr.                                    …..APPLICANTS

                               : VERSUS :

                      M/s. Deepti Traders, Through Proprietor

                      Subhash Shantilal Shaha and Ors.                       ….RESPONDENTS




                      Mr. Sameer Singh, for the Applicants.




                                                          CORAM :       SANDEEP V. MARNE, J.
                                                          DATED :       4 MARCH 2026.
                      P.C. :


                      1)               This is an application =led for condonation of delay of 2 years

                      and 198 days in =ling the Civil Revision Application challenging order

                      dated 28 November 2019 passed by the Civil Judge Senior Division, Pune

                      below application Exh.41.

                      2)               Ordinarily, this Court would have been loathe in condoning the

                      inordinate delay of 2 years and 198 days. However, considering the nature

                      of order that is proposed to be passed in the main Civil Revision

                      Application, the delay in =ling the Revision Application is condoned. The

                      Interim Application is disposed of.
         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT   Date:                                                  [SANDEEP V. MARNE, J.]
         2026.03.06
         11:13:43
         +0530




                      _____________________________________________________________________________

                                                           PAGE NO. 1 OF 1

                                                            4 MARCH 2026


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