GANESH S/O PARASRAM JADHAV v. SHAILYA S/O MALLIKARJUN UTAGE AND ORS
CA/11329/2024 · 2026-10-05
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15990 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15990 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 1 ) 102 ca 4221.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 102 CIVIL APPLICATION NO. 4221 OF 2024 IN SA/21/2024 WITH CIVIL APPLICATION NO. 11329 OF 2024 IN SA/21/2024 GANESH S/O PARASRAM JADHAV VERSUS SHAILYA S/O MALLIKARJUN UTAGE ….. Advocate for the Applicant : Mr. Syed G. R. …..
CORAM :
SANJAY A. DESHMUKH, J.
DATE : 05.10.2026 P.C.:- Civil Application No.4221 of 2024:
1. Respondent No.1 is served by private mode and to that effect an affidavit is filed. Application is therefore disposed of. Civil Application No.11329 of 2024:
2. This is an application for condonation of delay of 1306 days caused in filing the civil application for bringing the legal representatives of respondent no.3 on record.
3. Perused the application. Heard the learned advocate for the applicant.
4. Considering the reasons stated in the application, it appears that 2026:BHC-AUG:46760
( 2 ) 102 ca 4221.24 the delay was not deliberately caused and considering the reasons to decide the lis finally on merit as well as 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 1306 days stands condoned. The application is allowed in terms of prayer clause-B and C. Amendment be carried out within two weeks. Appeal:
5. Heard the learned advocate for the appellant. The following substantial question of law is formed: i) Whether the reasons and findings recorded by the learned Appellate Court are correct and require interference when delay of five months was caused in filing the appeal ?
6. Issue notice to the respondents, returnable on 23.10.2026. Call record and proceedings.
[SANJAY A. DESHMUKH, J.]
mubashir