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Bombay High Court

SHRI VASANT DATTOBA JADHAV AND ORS.versusSHRI PRASHANT SUBHASH MANE AND ANR.

Disposal
Allowed

Holding

The delay is condoned, but the appellant shall not be entitled to interest for a period of eight months.

Summary

The applicants, Shri Vasant Dattoba Jadhav and others, filed a first appeal (ST) No. 21485 of 2021 after a delay of two years and nine days. The respondent No.1 was served but did not appear, while respondent No.2 objected to condoning the delay. The court noted that the contents of the application were not contested and no mala fides could be inferred. Considering the applicants' poor economic status and remote residence, the court adopted a lenient approach. The application for condonation was allowed, with the condition that the appellant will not be entitled to interest for a period of eight months even if the appeal succeeds.

Issues considered

  • Whether a delay of two years and nine days in preferring an appeal can be condoned.
  • Whether the appellant should be barred from claiming interest for eight months if the appeal succeeds.

Subjects

  • condonation of delay
  • appeal
  • interest
  • civil procedure
  • poverty
  • remote location

Judgment

                                                                                  26-IA-3813-2021=.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIRCUIT BENCH AT KOLHAPUR
                                          CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO. 3813 OF 2021
                                                             IN
        Digitally
        signed by
        UDAY
                                             FIRST APPEAL (ST) NO. 21485 OF 2021
UDAY    SHIVAJI
SHIVAJI JAGTAP                                              WITH
JAGTAP Date:
        2026.09.08                           FIRST APPEAL (ST) NO. 21485 OF 2021
        13:14:53
        +0530

                     Shri Vasant Dattoba Jadhav and Ors.                        … Applicants
                                      Vs.
                     Shri Prashant Subhash Mane and Anr.                        … Respondents
                                                  ………….
                     Mr. Santosh D. Bhosale (through VC) a/w Amol S. Deshinge for the
                     Applicants
                     Mr. Abhang M. Suryawanshi i/b Pandit Kasar for Respondent No.2.
                                                  ………….
                                                         CORAM : SHAILESH P. BRAHME, J.

                                                         DATE       : 7th SEPTEMBER, 2026.
                     P. C. :

                     I.A.NO. 3813 OF 2021
                     .         Heard.

                     2.        The applicant seeks to condone the delay of 2 years and 9 days in

                     preferring the appeal.

                     3.        The respondent no.1 is served but no appearance has been caused.

                     Learned counsel for the respondent no.2 raises objection for condonation

                     of delay.

                     4.        The contents of the application have not been controverted by the



                     Uday S. Jagtap                        1 of 2
                                                              26-IA-3813-2021=.doc



respondent. No mala fides can be inferred on the part of the applicants

in preferring the appeal belatedly. It is desirable to deal with the merits

of the matter by condoning the delay.

5.       It is submitted that the applicants are from a poor strata and

residents of a remote place and were unable to approach the High Court

at the Principal Seat.       Learned counsel prays for adopting a lenient

approach for imposing the condition.

6.       The Application is allowed. The delay stands condoned on the

condition that applicants shall not be entitled to interest for a period of

eight months, if they succeed in appeal.


FIRST APPEAL (ST) NO. 21485 OF 2021

7.       Admit.

8.       Call for record and proceedings.

9.       Print is dispensed with.

10.      The parties shall be at liberty to supply the private book.

11.      The appellant shall not be entitled to interest for a period of eight

months in case they succeed in the appeal.



                                              ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                       2 of 2


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