30 - IA - 1283 - 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1283 OF 2026 IN SECOND APPEAL (STAMP) NO. 7555 OF 2026 Sambhaji Gopalrao Mane Since Deceased His Legal Heirs & Ors. … Applicants V/s. Suresh Vardhanna Rai … Respondent Mr. Amit Sale i/by Mr. Ajit Kenjale (through V.C.) for the Applicants. Mr. Praveen H. Deshpande for the Respondent. CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 3, 2026 P.C.: 1. By the present Interim Application filed under Section 5 of the Limitation Act, 1963, the Applicants are seeking condonation of delay of 3 years and 320 days caused in filing the Second Appeal against the judgment and decree dated 27th September 2022 passed by the learned Ad-Hoc District Judge-I, Sangli, whereby Regular Civil Appeal No. 298 of 2015 filed by the Respondent was allowed. 2. The Applicants have given the reasons for the delay in paragraphs 4 to 13 of the Application. 3. Mr. Amit Sale, learned Advocate for the Applicants, submits that VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.03 20:07:10 +0530 30 - IA - 1283 - 2026.docx the Applicants had no intention to delay the filing of the Appeal. He submits that the delay in filing the Appeal is bona fide. 4. Mr. Praveen H. Deshpande, learned Advocate for the Respondent, though submits that the reasons sought to be put forth by the Applicants are not convincing, however, in view of the statements made by the Applicants in the Application that the delay in filing the Appeal was on account of the ailment of Applicant No. 1(b)-Sangram Sambhajirao Mane, who subsequently passed away on 31st March 2023, Mr. Praveen H. Deshpande, learned Advocate for the Respondent, on instructions from the Respondent, in all fairness, submits that the delay be condoned, subject to imposition of exemplary costs, which he quantifies at Rs.2,00,000/-. 5. Perused the Application and the statements made. 6. Though, as submitted by Mr. Praveen H. Deshpande, learned Advocate for the Respondent, the reasons put forth are not convincing, however, in the interest of justice, the prejudice that would be caused to the Applicants if the delay is not condoned would be far greater than the prejudice that may be caused to the Respondent if the delay is condoned. At any rate, the subject matter of the present proceedings pertains to commercial transactions and, as such, the prejudice, if any, caused to the Respondent can be compensated in terms of money. VRJ 2 30 - IA - 1283 - 2026.docx 7. Mr. Amit Sale, learned Advocate for the Applicants, on instructions from the Applicants, states that the Applicants shall pay costs of Rs.1,00,000/- to the Respondent. 8. In view of the above, the delay of three years and 320 days caused in filing the Second Appeal is condoned, subject to the Applicants paying costs of Rs.1,00,000/- to the sole Respondent. 9. Mr. Amit Sale, learned Advocate for the Applicants, on instructions from the Applicants, states that the costs of Rs.1,00,000/- shall be paid to the sole Respondent within one week from today. 10. Interim Application No. 1283 of 2026 is, therefore, allowed in the aforesaid terms. 11. If the Applicants pay the costs of Rs.1,00,000/- within the aforesaid time limit and produce the acknowledgment of payment from the sole Respondent before the Registry of this Court, the Registry shall register the Second Appeal. (ASHWIN D. BHOBE, J.) VRJ 3