1 921cac62.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAC) NO. 62 OF 2026 IN CIVIL REVISION APPLICATION (ST.) NO. 16437 OF 2026 PRASHANT S/O RAMESH NIKALJE VS MAHADEO S/O BANDU WANKHADE Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Ankush M. Tirukh, counsel for applicant. Mr. Sunil Uttamrao Bhuyar, counsel for non-applicant. CORAM : Y.G. KHOBRAGADE J. DATE : 13/10/2026. 1. Heard learned counsel appearing for the respective parties. 2. By the present application, the applicant seeks condonation of delay of 82 days caused in filing the revision application under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 09/02/2026 passed below Exhibit-22 in Regular Civil Suit No. 05/2025 (Mahadeo Vs Prashant) by the learned 3rd Joint Civil Judge Junior Division, Khamgaon. 3. Learned counsel appearing for the non-applicant strongly opposed the application on the ground that no sufficient and bonafide explanation has been offered for condonation of delay. Hence, he prayed for rejection of the application. 4. Having regard to the submissions canvassed on behalf of both sides, I have gone through the record. Admittedly, the non-applicant/plaintiff instituted Regular Civil Suit No. 05/2025 before the learned 3rd Joint Civil Judge Junior Division, 2 921cac62.2026.odt Khamgaon. The present applicant/defendant is serving with Forest Department and is residing at Kalyan, District Thane, which is about 700 k.m. away from Khamgaon. On 09/02/2026, learned trial Court passed the order below Exhibit-22 and rejected the application under Order VII Rule 11(a) of the Code of Civil Procedure, 1908. 5. Considering the fact that there was a communication gap and that the certified copy of the order was obtained belatedly, the delay of 82 days caused in filing the revision application appears to be bona fide and satisfactorily explained. Therefore, the delay deserves to be condoned. At the same time, the non- applicant/plaintiff may suffer some hardship on account of the delay, which can be compensated in terms of money. 6. In view of the above, the Civil Application is allowed. The delay of 82 days caused in filing the revision application is hereby condoned, subject to payment of costs of Rs. 3,000/- by the applicant to the non-applicant on or before 19/10/2026. 7. The applicant shall place on record the receipt of payment of the aforesaid costs. 8. Upon compliance with the condition of payment of costs, the office is directed to register the Civil Revision Application and place same before this Court on 21/10/2026. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 15/10/2026 17:47:20