CHIMAN FAKIR PATEL, S/O. FAKIR KANJI PATEL AND ORS. v. DIVARI BANGUIO, W/O BANGUIO FAKIR ALIAS BHAGUBHAI FAKIR BHAI PATEL AND ORS.
Court: Bombay High Court
Judgment date:
Case summary
Bombay High Court judgment dated 2026-08-17. CHIMAN FAKIR PATEL, S/O. FAKIR KANJI PATEL AND ORS. v. DIVARI BANGUIO, W/O BANGUIO FAKIR ALIAS BHAGUBHAI FAKIR...
Judgment text
48-ia14021-23. doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14021 OF 2023 IN CIVIL REVISION APPLICATION (ST. ) NO. 14724 OF 2023 Chiman Fakir Patel & Ors. ... Applicants V/s. Divari Banguio & Ors. ... Respondents Mr. Sandeep R. Waghmare for the Applicants. None for the Respondents. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 17TH AUGUST, 2026. P. C. :- 1. This is an application for condonation of delay of 40 days in filing the Civil Revision Application. 2. Heard learned counsel for applicants. Nobody appears on behalf of respondent Nos. 1 to 3 although served. 3. It has to be noted that in response to the notice issued by th this Court on this application by an order dated 7 August, 2023, respondent Nos. 1 to 3 have been served, in view of the office th endorsement dated 6 August, 2026. 4. Learned counsel for applicants submits that there is delay of 40 days in filing the Civil Revision Application.
He submits that while filing this application, the applicants have correctly mentioned the extent of delay as 40 days, however after the delay was calculated 1/2 48-ia14021-23. doc by the Registry, it was recorded that there is delay of only 8 days and accordingly he has carried out an amendment in the application to mention that there is delay of only 8 days. However, today he fairly submits that the delay is of 40 days. 5. He submits that the delay occurred on account of the reasons mentioned in paragraph nos. 3 and 4 of the application in which it is stated that the delay occurred on account of sudden illness of applicant no. 1 and therefore some time was consumed in the process of incorporating necessary changes regarding the reasons for delay in the civil revision application. He submits that the delay is unintentional and in case it is not condoned, the Civil Revision Application could not be taken up on merits. 6.
The contentions canvassed on behalf of the applicants remain uncontroverted. 7. On consideration of the contents of the application and the submissions advanced, I do not find that the delay to be intentional and hence it needs to be condoned in the interest of justice. Accordingly, the application is allowed. The delay of 40 days in filing the Civil Revision Application is condoned. 8. The Interim Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J. ) 2/2
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