11-WP-13978-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13978 OF 2026 Muzdmmi Shafi Shaikh ..Petitioner Versus Preetam Ramchand Chhugani (Deceased) Through His Legal Heirs Nirmala Preetam Chhugani and Anr …Respondents Mr. Ajay Bhise, for the Petitioner. CORAM: N. J. JAMADAR, J. DATE : 16th OCTOBER 2026 P.C.: 1. Heard Mr. Ajay Bhise, the learned Counsel for the Petitioner. 2. The challenge in this Petition is to an order dated 28th September 2026 passed by the learned District Judge, Pune, rejecting an application for condonation of delay in filing the Appeal against the judgment and decree in SCS No. 1773 of 2011. 3. The proper remedy for the Petitioner is to file a Second Appeal against the impugned order. 4. The Petition stands dismissed with liberty to the Petitioner to file Second Appeal. ARS 1/2 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.10.17 12:10:37 +0530 11-WP-13978-2026.DOC 5. In the event the Second Appeal is filed and the question of limitation arises, the time spent by the Petitioner in prosecuting this Petition may be accounted for, under Section 14 of the Limitation Act. [N. J. JAMADAR, J.] ARS 2/2