Ramesh Mohanjiraj Badve v. Bhausaheb Baban Mhetre and Ors.
Condonation of delay – 967 days' delay in filing First Appeal (FAST/10683/2025) – applicant pleaded poverty and financial constraints
Case brief
What is this about?
Bombay High Court, Aurangabad Bench; Civil Application No. 6792 of 2025 in First Appeal No. FAST/10683/2025; decided 01.04.2026 by Sanjay A. Deshmukh, J. Applicant Ramesh Mohanjiraj Badve sought condonation of 967 days' delay in filing the first appeal, pleading financial constraints; the Court held the delay justified as the applicant was poor and the delay neither deliberate nor intentional, allowed the application, but stipulated that the applicant shall not be entitled to interest or other statutory benefits for the delayed period if the appeal succeeds. Notice ordered to respondents (Bhausaheb Baban Mhetre and Ors), returnable 19.06.2026. Advocates: Pradip S. Jadhav h/for Kale Yogesh D for the Applicant. No statutes or precedents cited; no monetary quantum involved.
What did the court decide?
Civil Application allowed; delay of 967 days in filing the first appeal condoned, with the clarification that the applicant shall not be entitled to interest and other statutory benefits for the delayed period if his appeal is favourably considered. Notice issued to the respondents in the first appeal, returnable on 19.06.2026, with a direction to call Record and Proceedings.