Mehendrakumar Mohanlal Ajmera v. Ashok Parasmal Majni And ORS.

by SHAGUFTA QUTBUDDIN PATHAN Date:

2026.02.20 15:56:40 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1163 OF 2026 (For Delay) WITH INTERIM APPLICATION NO.1164 OF 2026 (For Stay) IN FIRST APPEAL (STAMP) NO. 35981 OF 2025 Mehendrakumar Mohanlal Ajmera ... Applicant

IN THE MATTER BETWEEN :

Mehendrakumar Mohanlal Ajmera ... Appellant

Versus

Ashok Parasmal Majni And Ors.

... Respondents WITH FIRST APPEAL (STAMP) NO. 35981 OF 2025 Mehendrakumar Mohanlal Ajmera ... Appellant

Versus

Ashok Parasmal Majni And Ors.

... Respondents Mr. Sanjay Jain a/w Mr. Darshan A. i/b M/s. Sanjay Udeshi & Co. for the Applicant/Appellant Mr. Ravi Kumar Mishra a/w Mr. Maneesh Mishra and Mr. Ayaz Ansari for the Respondents CORAM :

SHARMILA U. DESHMUKH, J.

TUESDAY, 17 th FEBRUARY 2026 1/3

P.C :

Interim application No.1163 of 2026 has been preferred seeking condonation of delay of 69 days caused in filing the First Appeal.

Learned counsel appearing for the applicant submits that the applicant became aware of the impugned order only when a notice was pasted on 25th September 2025. Pursuant thereto, an application was made for certified copies, which has resulted in some delay.

Learned counsel appearing for the respondent opposes the application and submits that no sufficient explanation has been furnished for condonation of the delay. It is the specific pleading of the applicant that he was unaware of the impugned order and became aware of the same only on 25th September 2025. Considering the impugned judgment which concerns the appointment of Trustees in respect of the 2/3

family, sufficient cause has been shown to condone the delay of 69 days. The delay is, accordingly, condoned.

Interim Application No.1163 of 2026 is allowed. List the First Appeal on 7th March 2026. As this Court is informed that the entire record is before this Court, if time permits, the First Appeal will be taken up for final disposal. In the event, the First Appeal is not taken up for final disposal, Interim Application No.1164 of 2026 (for stay) will be considered.

SHARMILA U. DESHMUKH, J.

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