Bombay High Court

SAGAR APPA NERLEversusLAGMANNA BALU NERLE DEC. THR. LRS. AND ORS.

Disposal: Allowed

Holding

The court condoned the 30‑day delay in filing the appeal.

Summary

The applicant, Sagar Appa Nerle, filed an interim application seeking condonation of a 30‑day delay in filing his appeal against the judgment of the Reference Court. The respondent, private party‑respondent No. 1, contested the condonation. The court noted that the averments were not contested and found no evidence of mala fides on the part of the applicant. Consequently, the court exercised its discretion under the Civil Procedure Code to condone the delay. The interim application was disposed of with the delay condoned, and the appeal was admitted for further proceedings.

Issues considered

Whether a delay of 30 days in filing an appeal can be condoned under the Civil Procedure Code.
Whether the presence of mala fides is required to deny condonation of delay.

Subjects

delay condonation
civil procedure
appeal
interim application
mala fides

Judgment

                                                              51 IA 695 OF 2026.odt

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

                  51 INTERIM APPLICATION NO. 695 OF 2026
                                    IN
                      FIRST APPEALST NO. 1243 OF 2026

                           SAGAR APPA NERLE
                                   VERSUS
          LAGMANNA BALU NERLE DEC. THR. LRS. AND ORS.
                                     ...
 Advocate for Applicant : Mr. Ajit Khavanekar a/w Parswi Deodhar i/by Mr.
                           Gajanan M Savagave
         Advocate for Respondent nos. 1A to 1C : Ratanraao B.
                                      ...
                     CORAM                : SHAILESH P. BRAHME, J.
                        DATE                : 20.08.2026

PER COURT :

INTERIM APPLICATION NO. 695 OF 2026 FOR DELAY CONDONATION :

         Heard both sides.

2.       The applicant seeks to condone delay of 30 days in presenting the
appeal, challenging the judgment and order passed by the Reference Court.

3.       The application is vehemently contested by private party-respondent
no. 1.

4.       The averments of the application have not been controverted. There
is no reason to infer any mala fides on the part of the applicant to file appeal
belatedly.

4.       The delay stands condoned. Interim Application is disposed of.

FIRST APPEAL :

5.       Admit.

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                                                              51 IA 695 OF 2026.odt

6.      Call for record and proceedings.

7.      Learned A.G.P. waives service for respondent no. 1.

8.      Print is dispensed with.



                                       ( SHAILESH P. BRAHME, J.)




mkd/-




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