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2023 DAILYLAW 2597 (BOM)

ISHWAR GORAKH PATIL AND ANR v. NOORMOHAMMAD ABDUL KHAN AND ORS

CA/2505/2023 · 2026-07-17

Shri Sanjay A Deshmukh

body2023

Judgment text

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( 1 ) 955 ca 505.23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 955 CIVIL APPLICATION NO. 2505 OF 2023 IN FAST/2786/2023 ISHWAR GORAKH PATIL AND ANR VERSUS NOORMOHAMMAD ABDUL KHAN AND ORS ….. Advocate for Applicant : Mr. Bhokarikar Madhav M. Advocate for R/3 : Mr. Mohit R Deshmukh ….. CORAM : SANJAY A. DESHMUKH, J. DATE : 17.07.2026 P.C.:- 1. This is an application for condonation of delay of 1526 days caused in filing the appeal. 2. Perused the application. Heard the learned advocates for both the sides. 3. Learned advocate for the applicants pointed out the grounds raised in the application and submitted that the delay was caused due to financial constraints and the COVID-19 pandemic. 4. Learned advocate for the respondents strongly opposed the application. 2026:BHC-AUG:29405 ( 2 ) 955 ca 505.23 5. Considering the facts stated in the application and the fact that the applicants belong to the lower strata of society, and that the delay was not caused deliberately, the delay deserves to be condoned on the condition that the claimants/applicants shall not be entitled to interest for the delayed period. Considering the law laid down by the Hon’ble Supreme Court in the case of M.D.A. Chaudhary v. Kartar Chand and Ors.; MANU/SC/0877/2025, the application for condonation of delay has to be considered liberally. Therefore, in the interest of justice, the delay deserves to be condoned. Accordingly, the delay of 1526 days stands condoned. The application is allowed accordingly. Appeal be registered. Appeal: 6. Issue notice to the respondents, returnable on 11.09.2026. Learned advocate Mr. Mohit Deshmukh waives notice for the respondent no.3. [SANJAY A. DESHMUKH, J.] mubashir