Bombay High Court
SOU. SHALANBAI DEVIDAS KATEversusSopanrao Gulabrao Kate
- Decided
- Disposal
- Allowed
Holding
The court condoned the delay and restored the second appeals.
Summary
The appellants filed interim applications seeking restoration of two second appeals that had been dismissed for failing to file the required paper book. The court noted a 14‑day delay in filing the applications but, considering the circumstances, chose to condone the delay and restore the appeals to allow the merits to be heard. The appellants assured that the paper book would be filed within a week. Accordingly, the interim applications were allowed and disposed of, and the appeals were scheduled for final hearing on 16 October 2026.
Issues considered
- Whether a delay of 14 days in filing interim applications for restoration of dismissed appeals can be condoned.
- Whether the second appeals dismissed for non‑filing of the paper book can be restored.
Subjects
- restoration of appeal
- condonation of delay
- interim application
- paper book
- civil procedure
Judgment
Sonali Mane 4-IA-7252-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7252 OF 2026
IN
SECOND APPEAL NO. 691 OF 2017
WITH
INTERIM APPLICATION NO. 7261 OF 2026 (NOB)
IN
SECOND APPEAL NO. 692 OF 2017 (NOB)
Shalanbai Devidas Kate and Ors. … Applicants
IN THE MATTER BETWEEN
Shalanbai Devidas Kate and Ors. … Appellants
Versus
Sopanrao Gulabrao Kate and Anr. … Respondents
Mr. Vishwajeet Kapse a/w Mr. Shailesh Chavan for
Applicants/Appellants.
Mr. Suresh Sabrad a/w Mr. Pratik Sabrad, Ms. Neha Parte for
Respondent No.1.
Mr. Suraj N. Naik i/b Mr. Raju D. Suryawanshi for Respondent No.2.
CORAM : SANDEEP V. MARNE, J.
DATE : 18 SEPTEMBER 2026.
P.C. :
1) Interim Applications are filed for restoration of the Appeals,
MANE which are dismissed for failure to file the paper book in terms of the
SONALI
DILIP
Digitally signed by
MANE SONALI DILIP
Date: 2026.09.21
Order dated 7 October 2024. There appears to be delay of 14 days in
16:41:11 +0530
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18 September 2026
Sonali Mane 4-IA-7252-2026.docx
filing the Applications. Considering the averments made in the
Applications and with a view to provide an opportunity to the
Appellants to prosecute the Appeals on merits, I deem it appropriate to
restore the Appeals. Accordingly, the delay in filing the Applications is
condoned and the Second Appeals are restored.
2) The learned counsel appearing for Appellants submits that
the paper book is ready and shall be filed in the Court within a period of
one week.
3) Interim Applications are accordingly allowed and disposed of.
4) List the Second Appeals under caption 'for final hearing' on
16 October 2026.
[SANDEEP V. MARNE, J.]
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18 September 2026
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