Bombay High Court
Mukesh Hiralal Mistry and anrversusMs Aditya Developers
- Decided
- Disposal
- Allowed
Holding
The Court condoned the two‑day delay in filing the second appeals.
Summary
The appellants, Prakash Hiralal Mistry and Mukesh Hiralal Mistry, filed second appeals against M/s. Aditya Developers but missed the prescribed filing deadline by two days. They moved interim applications seeking condonation of the delay, citing the short period and reasons for the delay. The Court examined whether such a brief delay could be excused in the interest of substantive justice. Considering the minimal delay and the explanations offered, the Court held that the delay warranted condonation. Consequently, both interim applications were allowed, the delay was condoned, and the second appeals were ordered to be registered and listed for admission on 23 September 2026.
Issues considered
- Whether a delay of two days in filing a second appeal can be condoned under civil procedure law
Subjects
- condonation of delay
- second appeal
- civil procedure
- interim application
- substantive justice
Judgment
20 SA(ST)-17823-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL (ST) NO. 17823 OF 2026
Prakash Hiralal Mistry & anr. ..Appellants
Versus
M/s. Aditya Developers & ors. …Respondents
WITH
INTERIM APPLICATION NO. 7144 OF 2026
IN
SECOND APPEAL (ST) NO. 17823 OF 2026
WITH
INTERIM APPLICATION NO. 7095 OF 2026
IN
SECOND APPEAL (ST) NO. 17823 OF 2026
SAINATH
SANJAY
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
WITH
Date: 2026.09.17
12:06:09 +0530
SECOND APPEAL (ST) NO. 17824 OF 2026
Mukesh Hiralal Mistry & anr. ..Appellants
Versus
M/s. Aditya Developers & ors. …Respondents
WITH
INTERIM APPLICATION NO. 7145 OF 2026
IN
SECOND APPEAL (ST) NO. 17824 OF 2026
WITH
INTERIM APPLICATION NO. 7096 OF 2026
IN
SECOND APPEAL (ST) NO. 17824 OF 2026
Mr. Shekhar Jagtap, i/b J Shekhar Associates, for the
Appellants/applicants.
Mr. Floyd Francis Mariano Gracias, for Respondent No.3.
SAINATH, PA 1/2
20 SA(ST)-17823-26.DOC
CORAM : N. J. JAMADAR, J.
DATE : 16th SEPTEMBER 2026
P.C.:
IA/7095/2026 & IA/7096/2026
1. Heard the learned Counsel for the parties.
2. These applications are for condonation of delay in
preferring the Second Appeals.
3. The delay is of 2 days only.
4. Having regard to the short period of delay and the reasons
assigned in the application and to advance the cause of
substantive justice, the delay in preferring the Second Appeals
deserves to be condoned.
5. The IA/7095/2026 and IA/7096/2026 stand allowed.
6. The delay in preferring the Second Appeals stands
condoned.
7. The SA(ST)/17823/2026 and SA(ST)/17824/2026 be
registered and listed for admission on 23rd September, 2026.
[N. J. JAMADAR, J.]
SAINATH, PA 2/2
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