Purushottam Ghanshyamsingh Mimrot v. Sapna Rajesh Balwani

2025:BHC-NAG:9929 48.cas.368.25 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.368 of 2025 in Second Appeal St.No.4193 of 2025 Purushottam s/o Ghanshyamsingh Mimrot vs. Sapna w/o Rajesh Balwani and another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. K.G. Fulzele, Advocate for the Applicant/Appellant. Ms. S.B. Pande, Advocate for the Respondents.

CORAM

: ROHIT W. JOSHI, J.

DATE : 26 th SEPTEMBER, 2025.

There is a delay of 25 days caused in filing the second appeal. It is stated on oath that the certified copy was misplaced by the appellant and, therefore, fresh application was made for obtaining certified copy.

02.

The application is opposed by filing reply. It is contended that the explanation offered is not plausible and it is difficult to digest that an important document such as certified copy has been misplaced. 03.

However, having regard to the fact that right to appeal is a substantive right and considering the delay of 25 days caused in filing the appeal, in the considered opinion of this court, the delay deserves to be condoned.

04.

The delay caused in filing the appeal is condoned. Office to register the appeal. The application is allowed and disposed of accordingly.

JUDGE *sandesh