Ramesh Mohanjiraj Badve v. Bhausaheb Baban Mhetre And ORS

944 CA NO. 6792 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO. 6792 OF 2025 IN FAST/10683/2025 Ramesh Mohanjiraj Badve

VERSUS

Bhausaheb Baban Mhetre And Ors ...

Mr. Pradip S. Jadhav h/for Mr. Kale Yogesh D, Advocate for Applicant ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 01.04.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of delay of 967 days caused in filing the first appeal.

3.

Learned advocate for the applicant pointed out the grounds stated in the application and submitted that the delay was not deliberately caused. He further submitted that due to financial constraints, the claimant could not file the appeal within prescribed time. He prayed to allow the application. 4.

Perused the application. For the reasons stated therein, it is justified by the fact that the applicant is poor and could not manage fund for filing the appeal. The application

(( 2 )) 944 CA NO. 6792 OF 2025 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 967 days caused in filing the first appeal is condoned.

c.

It is clarified that the applicant shall not be entitled to interest and other statutory benefits for the delayed period in case, his appeal is favourably considered. FIRST APPEAL 1.

Issue notice to the respondents, returnable on 19.06.2026.

2.

Call Record and Proceedings.

[ SANJAY A. DESHMUKH, J. ] HRJadhav