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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