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Bombay High CourtIA/7598/2025disposed off

Dattatraya Kondu Bhavekar Thr His Power Of Attorney Mahesh Ramchandra Bhavekar v. Dwarakabai Keshav Guthalkar (Since Deceased) Thr Its Dnyaneshwar K Guthalkar Since Deceased

2026-06-09Hon'Ble Shri Justice N. J. Jamadar2 pages

2026:BHC-AS:23160 54 ia 7598 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7598 OF 2025 IN CIVIL REVISION APPLICATION (ST) NO.14502 OF 2025 Dattatraya Kondu Bhavekar through POA Mahesh Ramchandra Bhavekar ...

Applicant versus Dwarakabai Keshav Guthalkar (deceased) through legal heirs Dnyaneshwar Keshav Guthalkar and Ors.

...

Respondents Mr. P.B.Gujar, for Applicant.

Mr. Tejas Mahamuni (through VC) for Respondents. CORAM: N.J.JAMADAR, J.

DATE :

9 JUNE 2026 P.C.

1.

Heard the learned Counsel for the parties.

2.

This is an application for condonation of 64 days delay in filing the revision application against an order dated 18 November 2024 passed by the learned Judge, Sr. Division, Pune, whereby the application preferred by the Applicant - Defendant for rejection of the plaint under the provisions of Order VII Rule 11(d) of the Code of Civil Procedure, 1908, came to be rejected. 3.

In paras 6 to 10 of the application, the applicant has ascribed reasons for the condonation of delay. The applicant claims to be 80 years of age. There is a delay of 64 days in filing the revision application. It is trite, an application for condonation of delay should receive liberal consideration so as SSP 1/2

54 ia 7598 of 2025.doc to advance the cause of substantive justice. Delay in the instant case is not an inordinate. The applicant has ascribed adequate reasons which prevented the applicant from filing the revision application within the stipulated period of limitation.

4.

Thus, to advance the cause of substantive justice, the application stands allowed.

5.

Delay in preferring the revision application stands condoned. 6.

Interim Application stands disposed.

7.

Civil Revision Application be listed for Admission on 23 June 2026. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 10/06/2026 16:18:18