1/3 19-IA-1149-2024 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1149 OF 2024 IN SECOND APPEAL (ST) NO. 21660 OF 2023 Laxman Dhondiba Mohite And Anr. …...Applicants VERSUS Mansing Dhondiba Mohite And Ors. …...Respondents _________________________________________________________________ Mr. Shankar Katkar i/b Adv. Manisha Devkar, for the Applicants. Mr. Sandeep Deshpande i/b Bhavake & Associates, for Respondent No.1. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 3rd SEPTEMBER, 2026. P.C. 1. Heard Mr. Shankar Katkar, learned Advocate for the Applicants and Mr. Sandeep Deshpande, learned Advocate for Respondent No.1. 2. By this Application, the Applicants are seeking condonation of delay of 34 days in filing the Second Appeal against the judgment and decree dated 10th November, 2022 passed by the District Judge – 1, Malshiras, in Civil Misc. Application No.6 of 2020. 3. Mr. Shankar Katkar, learned Advocate for the Applicants, states that the Applicants have set out the reasons for the delay in paragraph Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.03 20:50:28 +0530 2/3 19-IA-1149-2024 (C).DOC No.10 of the present Application. He submits that the Applicants are rustic villagers and, therefore, seeks that some indulgence be shown to them. 4. Mr. Sandeep Deshpande, learned Advocate for Respondent No.1, submits that the delay in filing the Second Appeal has not been explained by the Applicants. He, therefore, strongly opposes the Application seeking condonation of delay. 5. Perused the Record. 6. There are no allegations of any mala fides against the Applicants on behalf of the Respondents. Thus, there is no material on record to show that the Applicants would have derived any benefit by delaying the filing of the Second Appeal. 7. For the reasons stated in the Application and in view of the submissions made by Mr. Shankar Katkar, learned Advocate for the Applicants, the Application is allowed. The Delay of 34 days in filing the Second Appeal is condoned, subject to the Applicants paying costs of Rs.5,000/- to Respondent No.1. 8. Mr. Shankar Katkar, learned Advocate for the Applicants, states that the costs shall be paid to Respondent No.1 within a period of three weeks from today. Shantanu S. Dhudum 3/3 19-IA-1149-2024 (C).DOC 9. In the event the costs are paid within the time granted and acknowledgment of receipt thereof from Respondent No.1 is produced before the Registry, the Registry shall register the Second Appeal. 10. In view of the above, Interim Application No.1149 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum