983 CA NO. 8655 OF 2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 983 CIVIL APPLICATION NO. 8655 OF 2026 IN SAST/16527/2026 Mirabai Trymbak Patil VERSUS Gunwantrao Chaitnyarao Patil And Others ... Mr. Bhaktraj Laxmanrao Patil and Ms. Pawar Archana Jitendra, Advocates for Applicant WITH CIVIL APPLICATION NO. 8657 OF 2026 IN SAST/16527/2026 …. CORAM : SANJAY A. DESHMUKH, J. DATE : 30.09.2026 PER COURT :- CIVIL APPLICATION NO. 8655 OF 2026 1. Heard learned Advocate for the Applicant. 2. This is an application for condonation of delay of 112 days caused in filing the Second Appeal. 3. Perused the application. For the reasons stated therein, 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 112 days caused in filing the Second Appeal is condoned. 1 of 2 (( 2 )) 983 CA NO. 8655 OF 2026 SECOND APPEAL 1. Heard learned Advocate for the Appellant. 2. Considering the reasons stated in the impugned judgment and the judgment of the learned Trial Court, as well as the submissions of the learned Advocate for the Appellant, the following substantial question of law arises for consideration: a. Whether the learned Trial Court and the learned Appellate Court were legally justified in passing a decree for possession of the suit property when the Plaintiff had sought redemption of the mortgage under Order XLI of the Code of Civil Procedure, 1908? 3. Issue notice to the Respondents, returnable on 30.10.2026. 4. Call Record and Proceedings. CIVIL APPLICATION NO. 8657 OF 2026 1. Heard learned Advocate for the Applicants. 2. Issue notice to the Respondents, returnable on 30.10.2026. 3. Considering the facts and circumstances of the case, till the returnable date, there shall be an ad-interim relief in terms of prayer clause ‘B’. [ SANJAY A. DESHMUKH, J. ] HRJadhav 2 of 2