Bombay High Court

MAYA RAJU PATELversusGEETA GAJANAN WAKADE AND ORS.

Decided: 6 August 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The Court condoned the five‑day delay in filing the appeal.

Summary

The applicant, Maya Raju Patel, filed an appeal and sought condonation of a five‑day delay in filing the appeal. An interim application was filed before the High Court of Bombay requesting the court to excuse the delay. The applicant's counsel, Mr. Ramesh D. Kamble, submitted that the respondents had been served, and no counsel appeared for the respondents. The Court examined the reasons provided in the application and found them satisfactory. Consequently, the Court condoned the five‑day delay, allowed the interim application, and ordered that the appeal be listed for hearing on 7 September 2026.

Issues considered

Whether a delay of five days in preferring an appeal can be condoned under the provisions of the Civil Procedure Code.

Subjects

condonation of delay
civil procedure
appeal
interim application
High Court of Bombay

Judgment

  2026:BHC-AS:32567

                                                                                       91 ia 8732-24 .doc



                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO. 8732 OF 2024
                                                                IN
                                                FIRST APPEAL (ST) NO. 32492 OF 2022

                             Maya Raju Patel                                       ... Applicant.
                                      Versus
                             Geeta Gajanan Wakade and Ors.                         ... Respondents.

                                                            —————
                             Mr. Ramesh D. Kamble for the Applicant-Appellant.
                                                            —————

                                                                Coram : Sharmila U. Deshmukh, J.
                                                                Date : August 06, 2026
                             P.C. :

                             1.       Interim     Application    has     been   preferred     seeking

                             condonation of delay of 5 days caused in preferring the appeal.

                             2.       Learned counsel appearing for the Applicant submits that

                             the Respondent Nos.1 and 2 have been served. Respondent No.3

                             is the Municipal Corporation.

                             3.       None appears on behalf of the Respondents.

                             4.       For the reasons stated in the application, the delay of 5

                             days stands condoned. Interim Application is allowed.

                             5.       List the appeal on 7th September, 2026.


                                                                         [Sharmila U. Deshmukh, J.]

                             sa_mandawgad                       1 of 1
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 07/08/2026 12:47:35

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