1 3.caa.20.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAA) NO.20 OF 2023 IN APPEAL AGAINST ORDER ST. NO.16376 OF 2022 Rajendra S/o Dadaji Gundawar and others .Vs. Tavinder Singh S/o Mohindersingh Rawal & Anr. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.R. Wagh, Advocate for applicants. Mr. M.R. Joharapurkar, Advocate for non-applicant No.1. CORAM : ROHIT W. JOSHI, J. DATE : 02/02/2026 There is a delay of 118 days in filing Appeal Against Order. The applicants have stated that initially, due to health issues, they could not decide as to whether appeal should be filed or not and thereafter the appeal is preferred obtaining opinions from two to three advocates. Although the learned Advocate for the respondent strongly opposed the application, contending that this is cannot be a valid reason for condonation of delay of around four months and also on the ground that civil application is filed in the year 2023 is not prosecuted diligently, in the considered opinion of this Court, one opportunity needs to be granted to enable the applicants to avail the remedy of appeal. The contents of the application do not indicate that delay is deliberate or willful. Civil application is allowed subject to payment of costs of Rs.3,000/- to be deposited in Public Welfare Account, which is ordered to be opened vide order dated 12.01.2026 passed in SMPIL No.01 of 2021. Amount be deposited on or before 18.03.2026. (ROHIT W. JOSHI, J.) C.L. Dhakate 2026:BHC-NAG:1644