Bombay High Court

THE GOVERNMENT OF GOA THR. THE DIRECTOR OF SETTLEMENT AND LAND RECORDversusVASSUDEO VITHAL NAIK (DECEASED THR. HIS LRS) AND ANR

Disposal: Allowed
Bench: VALMIKI MENEZES

Holding

The Court condoned the 97‑day delay and allowed the application for condonation.

Summary

The Government of Goa, as applicant, filed a first appeal but failed to file it within the prescribed period, resulting in a delay of 97 days. An application for condonation of this delay was filed, citing administrative exigencies and providing a detailed legal opinion to justify the postponement. The respondents did not appear to contest the facts presented in the application. The Court examined the reasons for the delay, found them satisfactory, and accepted the factual assertions made by the applicant. Consequently, the Court condoned the 97‑day delay, allowed the application, and ordered that the first appeal be registered after clearing any objections. The order was signed by Justice Valmiki Menezes on 12 June 2026.

Issues considered

Whether a delay of 97 days in filing the first appeal can be condoned under the applicable procedural law.

Subjects

condonation of delay
procedural law
first appeal
High Court
civil procedure

Judgment

                                                              28-MCA-273-2026.DOC




                                  Suchitra
                                              IN THE HIGH COURT OF BOMBAY AT GOA

                                                  MISC. CIVIL APPLICATION NO.273/2026
                                                                   IN
                                                     FIRST APPEAL NO.1917/2025 (F)

                                   THE GOVERNMENT OF GOA THR. THE
                                   DIRECTOR OF SETTLEMENT AND
                                   LAND RECORD                                       … APPLICANT
                                         Versus
                                   VASSUDEO VITHAL NAIK (DECEASED
                                   THR. HIS LRS) AND ANR.                           … RESPONDENTS

                                   None for the Parties.

                                                      CORAM:            VALMIKI MENEZES, J.
                                                      DATED:            12th JUNE 2026

                                   P.C. :
                                  1.         Registry to waive oice objections and reigster the matter.
                                  Service is complete on Respondent Nos.2(F)(i) and 2(F)(ii).
                                  None appears for the Respondents.

                                  2.         his is an application for condonation of delay of 97 days
                                  in iling this appeal. he reasons cited for the delay are
                                  administrative exigencies which have been explained in
                                  paragraphs 6 to 14 of the application, where the details of the
                                  legal opinion sought and the reasons to ile the same are set out.
                                  he application is supported by an aidavit. he facts stated in
                                  the application have not been denied and can be accepted. For
                                  the reasons stated therein, the delay stands condoned.           he
                                  application is allowed and disposed of. First Appeal shall be
                                  registered on clearing oice objections.
                                                                             VALMIKI MENEZES, J.

Signed by: SUCHITRA NANDAN                                          Page 1 of 1
SINGBAL                                                           12th June 2026
Designation: Personal Assistant
Date: 12/06/2026 16:52:38

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