Smt. Mandakini Baban Shedge v. Mr. Kishor B. Shetty And ANR.
2025:BHC-AS:54924 Sayyed 912-IA.38375.2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.38375 OF 2025 IN FIRST APPEAL NO.1091 OF 2015 Mandakini Baban Shedge ...Applicant/Appellant
Versus
Kishor B. Shetty & Anr.
...Respondents
_____________________________________________________ Mr. K. N. Kandekar for the Appellant/Appellant. Mr. Mohit Jadhav a/w Ms. Kajal Chourasia & Mr. Manish Shirke for Respondent No.2.
_____________________________________________________ CORAM :
JITENDRA JAIN, J.
DATE :
12 DECEMBER 2025 P.C.:
1.
This application is taken out for restoration of the appeal which was dismissed by self operative order dated 10 June 2019, whereby it was stated that if the paper-book is not filed within one year then the appeal will be dismissed without further reference to the Court.
2.
The period of one year for filing the paper-book expired in June 2020. Assuming the benefit of Covid Pandemic is granted to the applicant, in that case also the extension given for filing the paper-book would be upto February/March 2022.
3.
The present application itself has been filed on 26 September 2025 i.e. almost after three years from the extension granted on account of Covid by the Hon'ble Supreme Court. In the interim application, the applicant as explained in paragraph 10, the reason for the delay.
Sayyed 912-IA.38375.2025.doc 4.
I have perused the reason. There is a general averment that on account of Covid and the applicant being senior citizen whose son was studying in native place and had to undergo surgery, the paperbook could not be filed. This is a general reason. There is no reason given from 2022 to 2025 for non-filing of the paper-book. In my view, such general reason will amount to "excuse" and not "substantial cause" for condoning the delay.
5.
In view of above, since there is no sufficient cause or reason shown, the present interim application is dismissed. [ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 15/12/2025 12:24:33