Bombay High Court

B. N. GAIKWADversusJEEJAEE ESTATE

Decided: 3 September 2026
Disposal: DISPOSED OFF

Holding

The Court condoned the delay in filing the appeal, subject to payment of costs.

Summary

The applicant, B.N. Gaikwad, filed an interim application seeking condonation of a 129‑day delay in filing appeal No. 18237 of 2025. Respondents (M/s. Jeejaee Estate & Ors.) opposed the condonation. The Court examined the pleadings and, finding it in the interest of justice, granted the condonation subject to a cost of Rs.10,000. The application was allowed and the appeal was scheduled for admission on 24 September 2026.

Issues considered

Whether the Court should condone a delay of 129 days in filing the appeal under the provisions of the Civil Procedure Code.

Subjects

condonation of delay
civil procedure
appeal
costs
interim application

Judgment

         Digitally
         signed by
         PRAJAKTA
                                                                                      3-IA 7115-25.DOC
 PRAJAKTA SAGAR
 SAGAR    VARTAK
 VARTAK   Date:
         2026.09.05
         11:27:59
         +0530



Prajakta Vartak
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION

                                INTERIM APPLICATION NO. 7115 OF 2025
                                                 IN
                                    APPEAL (L.) NO. 18237 OF 2025

          B. N. Gaikwad                                           ...Applicant/Appellant
                 Versus
          M/s. Jeejaee Estate & Ors.                              ...Respondents
                                                   _________

          Mr. Prabhakar Jadhav for Applicant.
          Ms. Shruti Tulpule for Respondent Nos.1 to 3.
          Mr. Shailendra Kanetkar with Mr. Sanjeel Kadam and Ms. Smiti Sathe i/b. Kadam
          & Co. for Respondent No.4.
                                            _________

                                                  CORAM:          G. S. KULKARNI &
                                                                  Dr.NEELA GOKHALE, JJ.
                                                  DATE:           03 SEPTEMBER 2026.

          P.C.

          1.          By this interim application, the applicant/appellant has prayed for
          condonation of delay of 129 days in filing the aforesaid appeal.

          2.          Ms. Tulpule, learned counsel for respondent nos.1 to 3, has vehemently
          opposed the application and prays that the same be rejected.

          3.          We have perused the averments made in the application. In our opinion, it
          is in the interest of justice to condone the delay. The delay is accordingly
          condoned, however, subject to payment of costs of Rs. 10,000/-.

          4.          The application is accordingly allowed in terms of prayer clause (a).

          5.          List the appeal for admission on 24 September 2026.




          (Dr.NEELA GOKHALE, J.)                                        (G. S. KULKARNI, J.)



                                                  Page 1 of 1
                                              03 September 2026

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