Bombay High Court

KUSUM PANDURANG SURYAWANSHIversusARUN RAMCHANDRA SAWANT

Disposal: Disposed Off

Holding

A second appeal lies as per the Division Bench decision in Devidas Ganpati Kale v. Munibi Mahebub Karanje.

Summary

The petitioner, Kusum Pandurang Suryawanshi, filed a writ petition challenging the trial court's order that condoned the delay in filing a regular civil appeal against an ex‑parte decree. The petition sought relief on the ground that the condonation was improper. The Court examined the precedent set by the Division Bench in Devidas Ganpati Kale v. Munibi Mahebub Karanje (2023 SCC OnLine 1319), which held that a second appeal is permissible in such circumstances. Relying on that judgment, the Court concluded that the petitioner is entitled to pursue the remedy of a second appeal. Consequently, the writ petition was disposed, granting the petitioner liberty to avail the remedy permitted by law.

Issues considered

What is the effect of the order condoning delay in preferring a regular civil appeal against an ex‑parte decree?
Does the precedent in Devidas Ganpati Kale v. Munibi Mahebub Karanje allow a second appeal in the present case?

Subjects

writ petition
condonation of delay
second appeal
ex‑parte decree
civil appeal

Judgment

2026:BHC-KOL:8690




                                          1                          47.WP-4424-2026.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIRCUIT BENCH AT KOLHAPUR
                                CIVIL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 4424 OF 2026

                           Kusum Pandurang Suryawanshi              ...Petitioner

                                                VERSUS

                           Arun Ramchandra Sawant                   ...Respondent

                    Shri Vikram Patil, Advocate a/w Shri Atul M. Khilari, Advocate
                    for the Petitioner.

                                      CORAM : SHAILESH P. BRAHME, J.
                                       DATE : 08TH SEPTEMBER, 2026.

                    FINAL ORDER :


                    .      The petition is directed against order of condonation of
                    delay caused in preferring regular civil appeal challenging ex-
                    parte decree passed by the Trial Court.


                    2.     In view of judgment rendered by the Division Bench in case
                    of Devidas Ganpati Kale Vs. Munibi Mahebub Karanje reported in 2023
                    SCC OnLine 1319, second appeal would lie.


                    3.     The writ petition is disposed of with liberty to the
                    petitioner to avail the remedy as is permissible in law.



                                                  [ SHAILESH P. BRAHME J. ]


                    bsb/Sept. 26

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