Bombay High Court
AADARSH EDUCATION SOCIETY AKOLA ROAD THROUGH ITS PRESIDENT KAMALKISHOR MOTILAL KABRAversusSHUBHANGI SHRIRAM TAGALPALLEWAR AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
A challenge to the order of condonation of delay does not survive once the tribunal has adjudicated the appeal on its merits.
Summary
The petitioners, Adarsh Education Society, filed a writ petition challenging the order dated 10 November 2017 of the Latur School Tribunal that granted condonation of delay in filing an appeal. The Tribunal, after condoning the delay, proceeded to hear the appeal on its merits and allowed it. The petitioners argued that the order of condonation should be subject to judicial review. The High Court held that once the Tribunal has decided the appeal on its merits, the order of condonation becomes moot and cannot be challenged. Consequently, the writ petition challenging the condonation order was dismissed.
Issues considered
- Whether a writ petition challenging an order of condonation of delay is maintainable after the tribunal has decided the appeal on its merits
Subjects
- writ petition
- condonation of delay
- school tribunal
- appeal
- jurisdiction
- mootness
Judgment
2026:BHC-AUG:12548
Dilwale 1 116-WP-15167-17-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
116 WRIT PETITION NO. 15167 OF 2017
Adarsh Education Society Through President Kamalkishor Motilalji Kabra
VERSUS
Shubhangi Shriram Tagadpallewar & Another
...
Advocate for the Petitioners : Mr. Patil Hanmant V. And Amol A. Bhagat
AGP for Respondents: Mr. R. B. Dhaware
Advocate for Respondent No.1 : Mr. V. S. Panpatte
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18.03.2026
PER COURT :
1. Heard the learned counsel for the respective parties.
2. In the present petition, the petitioners–management is assailing the
order 10.11.2017 passed by the learned School Tribunal, Latur whereby
the application for condonation of delay in filing the appeal came to be
allowed.
3. The learned counsel for the petitioners submits that, after
condonation of delay, the learned Tribunal has already adjudicated the
appeal on merits and the same has been allowed.
4. In view of the above, once the Tribunal has already decided the
appeal on its own merits, the challenge to the order of condonation of
delay does not survive. Hence, the present writ petition, insofar as it
challenges the order of condonation of delay, stands disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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