1 921caa25.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR . CIVIL APPLICATION (CAA) NO. 25 OF 2026 IN APPEAL AGAINST ORDER NO. 19 OF 2026 SAMALOCHAN EKTA CO-OPERATIVE HOUSING SOCIETY LTD., THR. SECRETARY, AHMED KHAN ISMAIL KHAN VS SMT. REKHA GOWARDHAN BORKAR (DEAD) THR. LRS. SANJAY GOWARDHAN BORKAR AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Vinay V. Sharma, counsel for applicant. Mr. O.S. Harwani, counsel for non-applicant Nos. 1 and 2. Ms. H.S.Dhande, AGP for non-applicant Nos. 6 and 7. CORAM : Y. G. KHOBRAGADE, J. DATED : 23-09-2026 1. Heard learned counsel appearing for the respective parties. 2. Despite service, none appears for the non- applicant Nos. 4 and 5. 3. By the present application, the applicant/society is seeking condonation of delay of 1168 days caused in filing the appeal against the order dated 15/12/2022 passed below Exhibit-52 in Regular Civil Suit No. 429 of 2011 by the learned 4th Joint Civil Judge Senior Division, Nagpur. 4. Learned counsel appearing for the non- applicant Nos 1 and 2, as well as learned AGP appearing for non-applicant Nos. 6 and 7, strongly opposed the application. 2 921caa25.2026.odt 5. It is not in dispute that initially the applicant / society had instituted Writ Petition No. 2045 of 2026 before this Court, challenging the order dated 15/12/2022 passed below Exhibit No.52 in Regular Civil Suit No.429 of 2011. Subsequently, the appellant was permitted to convert the said Writ Petition into an Appeal Against Order provided under Order-XLIII, Rule-1 of the Code of Civil Procedure. The order permitting conversion of the Writ Petition into an Appeal Against Order came to be passed on 18/03/2026. Thereafter, the present appeal came to be registered. 6. Needless to say that the impugned order was passed on 15/12/2022, whereas the applicant/Society initially instituted Writ Petition No.2045 of 2026 on 26/02/2026, i.e. after a lapse of more than three years. However, considering the grounds set out in the application and the fact that the applicant is a Society, the delay of 1168 days deserves to be condoned, subject to payment of costs. 7. Accordingly, the delay of 1168 days is hereby condoned, subject to payment of costs of Rs.10,000/- towards the Public Welfare Fund, maintained with the Union Bank of India, High Court Branch, Nagpur, within a period of ten days from today. 8. Learned counsel for the applicant shall comply with the aforesaid condition within the stipulated period, failing which the application shall stand dismissed without reference to the Court. 3 921caa25.2026.odt 9. If the aforesaid condition is complied with, the office shall register the Appeal Against Order and place the same before this Court on 14/10/2026 for further consideration. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 24/09/2026 14:10:30