Bombay High Court

SMITHA PARULEKAR AND ANRversusYAWAR ZAFAR ALIAS JAFFER SHAIKH AND ANR

Disposal: Allowed

Holding

The Court held that, given the applicant’s advanced age and proven medical ailment, the delay in filing the appeal may be condoned.

Summary

The applicants, original plaintiffs, sought an injunction in the trial court, which was denied. They filed an appeal against the trial court's order but missed the statutory time limit by 50 days. The applicants moved this Court for condonation of the delay, citing their advanced age (69) and a medical condition (lumbago) supported by a doctor's certificate. The respondents opposed the condonation, arguing that procedural time limits should be strictly observed. The Court, after examining the medical evidence and finding no reason to doubt its authenticity, exercised its discretion under the Civil Procedure Code to condone the delay. Consequently, the appeal was allowed to be filed, and the miscellaneous civil application was disposed of.

Issues considered

Whether the Court may condone a 50‑day delay in filing an appeal against a trial court order under the provisions of the Civil Procedure Code.

Subjects

condonation of delay
appeal
injunction
civil procedure
medical certificate
age factor

Judgment

2026:BHC-GOA:2000
                                             27 MCA 338 2026

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                          MISC.CIVIL APPLICATION NO.338 OF 2026
                                           IN
                          APPEAL FROM ORDER NO.1729 OF 2026 (F)
           SMITHA PARULEKAR AND ANR                               ... APPLICANTS
             Versus
           YAWAR ZAFAR ALIAS JAFFER SHAIKH
           AND ANR                                                 ... RESPONDENTS


           Mr. Kabir Sabnis, Advocate for the Applicants.

           Mr. Ravi Anand (through V.C.), Advocate for the Respondents.


                                 CORAM:- VALMIKI MENEZES, J.
                                 DATED :- 8th October, 2026

           P.C.:


           1.       This is an application for condonation of delay of 50 days in
           filing an Appeal from Order on the Trial Court refusing the
           application for injunction filed by the Applicant, who is the
           original Plaintiff. The application has been opposed by the
           Respondents. The main ground for condoning the delay is that the
           Applicant was 69 years of age and was being treated for Lumbago.
           Doctor's certificate to that effect has been annexed to the
           application. There is no reason to disbelieve the facts stated in the
           application, since they are supported by the medical certificate.


           2.       For the aforementioned reasons, the application is allowed,

                                                Page 1 of 2
                                              8th October, 2026
                               27 MCA 338 2026


and the delay in filing an Appeal from Order is condoned. The
Registry of this Court shall register Appeal from Order No.
1729/2026(F), subject to clearance of all office objections within
two weeks.


3.    The Miscellaneous Civil Application No. 338/2026 stands
disposed of.



                                          VALMIKI MENEZES, J.




                                  Page 2 of 2
                                8th October, 2026

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