SUGANDHABAI DASHRATH BHOSLE DECEASED THR RAMESH DASHRATH BHOSLE v. MANISHA BALASAHEB HALNOR AND OTHERS
CA/10343/2026 · 2026-09-30
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14125 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14125 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
977 CA NO. 10343 OF 2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 977 CIVIL APPLICATION NO. 10343 OF 2026 IN SAST/27009/2026 Sugandhabai Dashrath Bhosle Deceased Thr Ramesh Dashrath Bhosle VERSUS Manisha Balasaheb Halnor And Others ... Ms. Lomte Ashwini Annasaheb, Advocate for Applicant ….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 30.09.2026 PER COURT :-
1. Heard learned Advocate for the Applicant.
2. This is an application for condonation of delay of 130 days caused in filing the Second Appeal.
3. Perused the application. For the reasons stated therein and considering the law laid down by the Hon’ble Supreme Court in the case of Collector, Land Acquisition, Anantnag Vs. Katiji, 1987 AIR (SC) 1353, in which it is held that expression “sufficient cause” under Section 5 of the Limitation Act 1963, is required to be construed liberally and in a manner that enables the Court to advance substantial justice by deciding matters on merits. The Court further held that the expression “every day’s delay must be explained” does not warrant a pedantic approach and that the 1 of 2
(( 2 )) 977 CA NO. 10343 OF 2026 principles of limitation should be applied in a rational, common-sense and pragmatic manner. Where substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence, the following order: ::ORDER:: a. Civil Application is allowed. b. The delay of 130 days caused in filing the Second Appeal is condoned.
SECOND APPEAL
1. Heard.
2. Issue notice to the Respondents, returnable on
25.11.2026.
[ SANJAY A. DESHMUKH, J. ] HRJadhav 2 of 2