904-IA-18969-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18969 OF 2022 WITH INTERIM APPLICATION NO.18962 OF 2022 IN SECOND APPEAL NO.24405 OF 2022 Shri. Prakash Vasudev Patkar …..Applicant Vs. Bharat Dashrath Pednekar (Decd.Thr.Lrs) Shri. Ravindra Bharat Pednekar And Ors …..Respondents Mr. Abhijit Tambe, for the Applicant (through vc). Mr. Ashok B. Tajane, for the Respondents. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 27th FEBRUARY 2026 P.C.:- INTERIM APPLICATION NO.18969 OF 2022 1. The Applicant has preferred the present Application seeking condonation of delay of 71 days in filing the Appeal. 2. Learned counsel appearing for the Applicant submits that the Applicant is a resident of Malvan Taluka and was not conversant with the procedure for filing a Second Appeal before this Court. It is submitted that he was not in contact with any Advocate practicing Suresh 1/3 904-IA-18969-2022.doc before the High Court at the relevant time, and therefore, the Appeal could not be filed within the prescribed period of limitation, resulting in delay. 3. Learned counsel appearing for the Respondent has opposed the Application, contending that no sufficient cause has been shown for condonation of delay. It is submitted that the Applicant was aware of the legal proceedings, as he had contested the Civil Suit as well as the First Appeal, and therefore, the reasons assigned are not satisfactory. Hence, it is prayed that the Application be rejected. 4. Upon hearing the learned counsel for the parties and upon perusal of the Application, it appears that the Applicant had initially contacted his Advocate, who expressed inability to appear before the High Court. Thereafter, time was consumed in contacting and engaging an Advocate practicing before this Court. The reasons assigned, in the facts and circumstances of the case, constitute sufficient cause for condoning the delay. Accordingly, the delay of 71 days in filing the Appeal is condoned. 5. The Office is directed to register the Appeal. Suresh 2/3 904-IA-18969-2022.doc 6. Issue notice to the Respondents, returnable on 5th March 2026. 7. Mr. Ashok B. Tajane, waives notice on behalf of Respondents. INTERIM APPLICATION NO.18962 OF 2022 8. Learned counsel appearing for the Appellant appeared through video conferencing. However, due to connectivity issues and disturbance in the audio, the submissions of the learned counsel could not be clearly heard. 9. Learned counsel for the Appellant seeks interim relief for stay of execution of the decree of possession. 10. Since the matter is listed today, liberty is granted to the Appellant to move an application for adjournment for today only. 11. list the matter on 4th March, 2026 for final disposal at the stage of admission. (MRS. VRUSHALI V. JOSHI, J.) Suresh 3/3