Smt. Nayananben Bhogilal Doshi Since Deceased through Legal Heirs and Ors. v. Tejashri Jayntilal Doshi Deceased
Case brief
What is this about?
Bombay High Court (N. J. Jamadar, J., 6 May 2026) allowed Interim Application No. 2309 of 2026 seeking condonation of a 99-day delay in filing Second Appeal St. No. 5880 of 2026 against the Judgment and Decree dated 11 July 2025 of the learned District Judge, Pune in Regular Civil Appeal No. 43 of 2019. The applicants, legal representatives of a deceased appellant, explained the delay by advanced age, limited mobility and medical conditions (Prostate Cancer; Acute CVA and Metabolic Encephalopathy), with medical certificates annexed. The Court held that condonation applications deserve liberal consideration so that the lis is decided on merits rather than technicalities, found the reasons justifiable, and balanced the respondents' prejudice by imposing costs of Rs. 10,000/- payable within three weeks, upon which the Second Appeal was directed to be registered and listed for admission on 17 June 2026. Respondents (through counsel for Respondent No. 2) had contended the delay was not satisfactorily accounted for. No statute or precedent is cited in the order.