14-SAST11286-2026+.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST) NO. 11286 OF 2026 WITH INTERIM APPLICATION NO. 7395 OF 2026 (Delay) with INTERIM APPLICATION NO. 7394 OF 2026 (Stay) Bank Of Baroda Formerly Known As Vijaya Bank Branch Manager Mr.satya Krishna Gampa ...Appellant/ Applicant Versus Prafulla Sujanakar Shetty …Respondent Mr. Ranbir Singh, a/w Eshen Patel, and Kaustav Deo, i/b , for the Appellant-Applicant. Ms. Rita Joshi, through VC, a/w Bushra Moughal, for the Respondent. CORAM: N. J. JAMADAR, J. DATED: 30th SEPTEMBER, 2026 PC:- IA/7395/2026 (Delay) 1. Heard the learned Counsel for the applicant. 2. This is an application for condonation of delay in filing second appeal against a judgment and decree dated 30th October, 2025 passed by the learned Principal District Judge, Thane, in Civil MA/255/2025. 1/3 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.10.02 11:28:10 +0530 14-SAST11286-2026+.DOC 3. The learned Counsel for the appellant submits that, the delay occurred as though the appeal was initially filed on 22nd January, 2026 yet the certified copy of the impugned order passed by the First Appellate Court was not annexed to the appeal-memo nor an undertaking was given to file the certified copy at a later stage. 4. In view of the aforesaid submission and the reasons assigned in the application and to advance the cause of substantive justice, the delay in preferring the appeal deserves to be condoned. 5. The application stands allowed. 6. The delay in preferring the second appeal stands condoned. 7. Second Appeal be listed for admission. IA/7394/2026 and SA(ST)/11286/2026 8. The learned Counsel for the respondent seeks leave to tender an affidavit-in-reply to the interim application filed by the appellant seeking stay to the execution of the decree passed by the trial Court in Special Civil Suit No.151/1993. 9. Leave granted. 10. Affidavit-in-reply is taken on record. 2/3 14-SAST11286-2026+.DOC 11. The appellant is at liberty to file an affidavit-in-rejoinder to the affidavit-in-reply within a period of one week. 12. The appeal and IA/7394/2026 be listed for hearing on 14th October, 2026. [N. J. JAMADAR, J.] 3/3