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2026 DAILYLAW 5135 (BOM)

REVAN SIDDHA DEV RENAVI, THR ITS TRUSTEES - APPELLANTS NO. 2 TO 10 v. THE LEARNED JOINT CHARITY COMMISSIONER, KOLHAPUR AND ORS

IA/1225/2026 · 2026-08-28

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Judgment text

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30-IA-1225-2026 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1225 OF 2026 IN FIRST APPEAL(ST) NO. 7519 OF 2026 Revan Siddha Dev Renavi, Thr Its Trustees - Appellants No. 2 To 10 ...Applicant Versus The Learned Joint Charity Commissioner, Kolhapur And Ors ...Respondents ….. Adv. Tanaji Mhatugade, Advocate for Applicant. Adv. Shrishail Sakhare a/w Adv. Jalandara Angthekar, Advocate for Respondent Nos.2 to 16. Mr. P. P. Deokar, APP for the Respondents-State. ….. CORAM : SHAILESH P. BRAHME, J. DATE : 28th AUGUST, 2026. P.C. : INTERIM APPLICATION NO. 1225 OF 2026 Heard both sides. 2. The applicant seeks to condone the delay of 3 years and 149 days in preferring the appeal. For the reasons stated in the application, the delay is sought to be condoned. The predominant ground pressed into service is the filing of Writ Petition No.8469 of 2023, which was disposed of on 10.08.2026, granting liberty to avail of the remedy as is ZIP 1 of 2 30-IA-1225-2026 (C).doc permissible in law. 3. The application is contested by the respondents. The averments in the application do not indicate any oblique motive on the part of the applicant in preferring the first appeal belatedly. 4. The benefit, by analogy, of Section 14 of the Limitation Act, 1963 needs to be extended to the applicant. The applicant had earlier filed Writ Petition No.8469 of 2023 under a bona fide impression, which was withdrawn and liberty was granted. It would be in the interest of justice to deal with the merits of the matter instead of rejecting it on technicality. The application is allowed and delay stands condoned. Accordingly, the application is disposed of. FIRST APPEAL(ST) NO. 7519 OF 2026 5. List this matter for admission on 24.09.2026. [ SHAILESH P. BRAHME, J.] ZIP 2 of 2