Lahanu Bhika Shelke v. Bhagwan Sudhakar Sonawane And ORS

924 CA NO. 4078 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 4078 OF 2025 IN FAST/10448/2025 Lahanu Bhika Shelke

VERSUS

Bhagwan Sudhakar Sonawane And Ors ...

Mr. Sachin G. Joshi, Advocate for Applicant Mr. A. S. Usmanpurkar, Advocate for Respondent No.3 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 04.02.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of delay of 201 days caused in filing the first appeal.

3.

The learned advocate for the applicant submitted that the delay of 201 days caused in filing the first appeal was not deliberate. It occurred because the appellant was unable to manage the expenses required for filing the appeal. Therefore, he prayed to condone the delay.

4.

The learned Advocate for respondent No.3 strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

(( 2 )) 924 CA NO. 4078 OF 2025 5.

Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence the following order:

::ORDER::

a.

Civil Application is allowed.

b.

The delay of 201 days caused in filing the first appeal is hereby condoned.

c.

The application is disposed of.

FIRST APPEAL 1.

Issue notice to the respondents, returnable on 01.04.2026.

2.

Learned Advocate Mr. A. S. Usmanpurkar waives service of notice for Respondent No.3.

3.

Learned advocate for the appellant seeks leave to serve respondent Nos.1 and 2 by way of speed post.

4.

Leave granted. Call for Record and Proceedings. [ SANJAY A. DESHMUKH, J. ] HRJadhav