Sanjeevani Sharnappa Birajdar And ORS. v. P Hasaan Lalusab Valim And ANR.

932 CA NO. 12615 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 12615 OF 2025 IN FAST/33631/2025 Sanjeevani Sharnappa Birajdar And Ors.

VERSUS

P Hasaan Lalusab Valim And Anr.

...

Mr. Chavan Prasanna Shankarrao, Advocate for Applicant Mr. Quadri Syed Raheel h/for Mr. Rajamahamad N. Badiger, Advocate for Respondent No.1 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 04.02.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of delay of 241 days caused in filing the first appeal.

3.

The learned advocate for the applicants submitted that the delay of 241 days caused in filing the first appeal was not deliberate. It occurred because the appellants were unable to manage the expenses required for filing the appeal. Therefore, he prayed to condone the delay.

4.

The learned Advocate for respondent No.1 strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

(( 2 )) 932 CA NO. 12615 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 241 days caused in filing the first appeal is condoned.

c.

The application is disposed of.

FIRST APPEAL 1.

Issue notice to the respondents, returnable on 06.03.2026.

2.

Learned Advocate Mr. Quadri Syed Raheel holding for Mr. Rajamahamad N. Badiger, waives service of notice for Respondent No.1.

3.

Call for Record and Proceedings.

[ SANJAY A. DESHMUKH, J. ] HRJadhav