Sakharam Raibhan Khandare Died Through ... vs Ramrao Jodhbarao Mhaske
2025 Latest Caselaw 3782 Bom

Bombay High Court

Sakharam Raibhan Khandare Died Through ... vs Ramrao Jodhbarao Mhaske on 21 August, 2025

2025:BHC-AUG:22900
                                                                           953-CA-1473-2024+.odt




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           CIVIL APPLICATION NO. 1473 OF 2024

                       Sakharam Raibhan Khandare Died
              Through Legal Heirs 1-a Shobha Sakharam Khandare
                                  and Others
                                    VERSUS
                           Ramrao Jodhbarao Mhaske
                                      ...

Mr. R. K. Khandelwal, Advocate for Applicant Mr. D. M. Shinde, Advocate for Respondent No.1 ***

CORAM : R. M. JOSHI, J DATE : AUGUST 21, 2025

PER COURT :

1. This Application is filed by Applicants/

Appellants for condonation of delay of more than 15

years in challenging judgment and decree dated

06.02.2008 passed in RCA No. 48/2002 by District Judge,

Hingoli.

2. Applicants herein are Defendants in RCS

No.288/2001 (Old No. 49/1990). The said suit was

contested by Defendants and came to be decreed on

15.10.2001. The Defendants being aggrieved by the said

judgment and decree preferred Appeal being RCA No.

48/2002. This Appeal too was contested by Applicants

herein, which came to be dismissed by judgment and

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decree dated 06.02.2008. Thereafter, no steps were

taken by the Applicants/Appellants to challenge the

said judgment and decree till filing of present

Application and Appeal on 26.12.2023.

3. The Applicants claim condonation of delay

solely on the ground that they are illiterate and due

to financial constraints, Appeal could not be filed in

time. Apart from this, submissions are sought to be

made on merit of the Appeal.

4. Learned Counsel for the Applicants/Appellants

submits that having regard to the fact that issue of

immovable property is involved in this Appeal and also

considering the illiteracy and financial constraints of

the Applicants, delay be condoned.

5. Learned Counsel for contesting Respondent

opposed the Application on the ground that unless

satisfactory explanation has been provided for

condonation of delay, it is not open for this Court to

condone the delay. It is his submission that the delay

of 15 years is extraordinary delay and the same cannot

be condoned casually.

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6. There is no doubt about the proposition of law

that unless delay caused in filing proceedings is

satisfactorily explained, the Court does not get

jurisdiction to enter upon the merits of the

proceedings. The delay must be explained satisfactorily

though everyday's delay is not required explanation.

7. Perusal of the Application does not show any

specific reason being provided for condonation of

delay. It is not in dispute that the Appellants have

participated in the suit and were represented by

Advocate of their choice. Similarly, after suit was

decreed, they preferred Appeal in time before District

Court. This Appeal was also prosecuted by them. Thus,

it cannot be said that out of financial constraints or

on account of illiteracy, Appeal could not be filed in

time. It is not the case made out by the Appellants

that status of the proceedings before Appellate Court

were not informed to them. Delay in preferring Appeal

is enormous and cannot be condoned casually. Merely

because the issue of immovable property is involved in

the Appeal, the delay does not deserve to be condoned.

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8. As a result of above discussion, no case is

made out by Appellants for condonation of delay in

filing Appeal. Hence, Application stands dismissed.

9. Pending Civil Application(s), if any, stands

disposed of.

                                            (R. M. JOSHI, J.)




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