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Bombay High Court

KANCHAN W/O SANJAY GUPTAversusMANOJ SHANKARLAL GUPTA AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court upheld the district court's order condoning the delay in filing the civil appeal.

Summary

The petitioner filed a writ petition challenging a district court order that condoned a 1,053‑day delay in filing a civil appeal against a 2011 decree. The High Court noted that the delay was inordinate but accepted the respondents' evidence of ill health as a justification and found the lower court had exercised its discretion in a detailed 16‑page order. Consequently, the court declined to interfere with the condonation order. The petitioner also raised the issue of non‑payment of costs imposed by the district court, asserting that the writ order should not extend the time for cost deposit. The court dismissed the petition, stating that the order does not extend the deadline for cost payment, and disposed of the writ petition.

Issues considered

  • Whether the district court's condonation of a 1,053‑day delay in filing a civil appeal is valid.
  • Whether the High Court should interfere with the lower court's discretion in condoning delay.
  • Whether the writ petition order extends the time for depositing costs imposed by the district court.

Subjects

  • condonation of delay
  • civil appeal
  • costs deposit
  • writ petition
  • discretion
  • high court

Judgment

2026:BHC-AS:39940

              Megha                                                23_wp_12283_2018


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.12283 OF 2018

              Kanchan W/o Sanjay Gupta                            ...Petitioner

                                V/s.

              Manoj Shankarlal Gupta and Ors.                    ...Respondents
                                           ________________
              Mr. Vrushal N. Gupta for the Petitioner.
              Mr. P.V. Nelson-Rajan, APP for Respondent-State.
                                           ________________


                                                     CORAM: SANDEEP V. MARNE, J.

                                                      DATED: 30 SEPTEMBER 2026.


              P.C.:


              1)      Petition challenges order dated 12 July 2018 passed by the
              learned District Judge-6, Thane, allowing Civil Misc. Application No.479
              of 2013 and condoning the delay in filing Civil Appeal challenging the
              decree dated 12 January 2011 passed in Special Civil Suit No.242 of 2001.


              2)      I have heard Mr. Gupta, the learned cousnel appearing for the
              Petitioner and Mr. Nelson-Rajan, the learned AGP appearing for the
              Respondent-State and have considered the submissions canvassed by
              them.




                                               Page No.1 of 2
                                             30 September 2026
                          Megha                                                       23_wp_12283_2018


                          3)          No doubt delay in filing the Appeal is slightly inordinate in the
                          present case i.e. 1053 days. However, it appears that the contesting
                          Respondets produced some material to suggest ill-health of Applicant
                          No.2, who was apparently hospitalised and was required to take medical
                          treatement from time to time. The Appellate Court has applied its mind
                          to the entire facts and circumstances of the present case and has passed
                          a detailed order running into 16 pages while condoning the delay in
                          filing the Civil Appeal. Considering the fact that there was justification
                          pleaded for condonation of delay and that the Appellate Court has
                          exercised discretion in condoning the delay, I am not inclined to
                          interfere in the impugned order.


                          4)          At this stage, Mr. Gupta submits that the Applicants before the
                          District Court have not deposited costs of Rs.15,000/- imposed vide order
                          dated 12 July 2018. If this is the case, the Applicants would suffer
                          consequences thereof. This order shall not be treated as extension of
                          time for deposit of amount of costs awarded by the District Court.


                          5)          Writ Petition is accordingly disposed of.




                                                                                  [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                                Page No.2 of 2
Designation: PA To Honourable Judge                           30 September 2026
Date: 01/10/2026 11:21:47


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