Rajabhau Bhaurao Chavan v. Panchfula Rajabhau Chavan And Others

2026:BHC-AUG:16362 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO. 120 OF 2026 IN REVNST/300/2026 RAJABHAU BHAURAO CHAVAN ....Applicant

VERSUS

PANCHFULA RAJABHAU CHAVAN AND OTHERS .....Respondent Mr. S. B. Choudhari, Advocate for the applicant Mr. Sandip P. Rathod, Advocate for the respondent Nos. 1 to 3 CORAM : ABHAY J. MANTRI, J.

DATE : 16th APRIL, 2026 PER COURT :

1.

The applicant has moved this Application for condonation of the delay of 1473 days caused in filing the Criminal Revision Application.

2.

Heard the learned Advocates for the Applicant and the Respondent at length.

3.

During the course of the argument, the learned Advocate for the Respondent, though opposed to the Application, subsequently submitted that the delay could be condoned, subject to a cost of Rs. 20,000/-.

4.

In response, the learned Advocate for the Applicant submitted that the Applicant is ready to pay the cost.

(2) 5.

Apart from this, it does not appear that the delay in filing the Revision Application was intentional or deliberate. As such, with a view to advancing substantial justice to the parties, it would be appropriate to condone the delay.

6.

In light of the above submissions and considering the reasons stated in para nos. 5 to 7, as well as the merits of the matter, I deem it appropriate to condone the delay, subject to a cost of Rs. 20,000/-. It would not prejudice the parties' rights, but it would help to determine the controversy between them on the merits. On the contrary, if it is not condoned, it would indeed affect the Applicant's rights. Therefore, I am of the view that the Applicant should be given an opportunity to contest the matter on merits instead of rejecting it at the threshold.

7.

As a result, the application is allowed, and the delay of 1473 days caused in filing the Revision Application is condoned, subject to payment of a cost of Rs. 20,000/- [Rupees Twenty Thousand Only].

8.

The Applicant shall pay the cost to the Respondents or to deposit the same in the court on or before 22-04-2026, failing which, the Application shall stand dismissed without further reference to the court.

(3) 9.

On payment or deposit of the cost, the Revision Application would be registered in accordance with the Law. 10.

List the Revision Application on 29-04-2026.

[ABHAY J. MANTRI, J. ] VishalK/901criapln120.26.odt