Balkrushna Shankar Chavan and Suman Balkrushna Chavan Deid Throu Lrs Dnyaneshwar Balkrushan Chavan v. Lilabai Kisan Khandagale
Case brief
What is this about?
Bombay High Court, Aurangabad Bench (Shailesh P. Brahme, J.; 27.01.2026; Appeal From Order No. 87 of 2025; neutral citation 2026:BHC-AUG:3822). Condonation of 365 days' delay in restoration application (Misc. Civil Application No. 48 of 2022) concerning R.C.A. No. 61 of 2016, dismissed in default on 21.12.2021, in a specific performance suit (R.C.S. No. 171 of 2012, decreed 24.01.2013). Delay condoned; refusal order dated 11.08.2023 and dismissal order quashed; appeal restored with an eight-month disposal direction and warning against further lapses; cost of Rs. 20,000/- (imposed while condoning 517 days' delay in the appeal) to be disbursed to the respondent with accrued interest. No statutes or precedents cited.
What did the court decide?
Appeal from order allowed; order dated 11.08.2023 in Misc. Civil Application No. 48 of 2022 quashed and set aside and delay of 365 days condoned; order of dismissal dated 21.12.2021 in R.C.A. No. 61 of 2016 quashed and set aside and the appeal restored to its original position; both parties to cooperate with the lower appellate Court for early disposal; lower appellate Court to decide the appeal preferably within eight months on its own merits; cost of Rs. 20,000/- deposited in this Court to be disbursed to the respondents with accrued interest, if any.