Bombay High Court

LAXMIKANT KESHAVRAO KHOT DIED THROUGH HIS LEGAL HEIRS WAMAN AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, BEED AND ANOTHER

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay but held that the appellants are not entitled to interest or statutory benefits for the delayed period.

Summary

The legal heirs of the deceased filed an appeal but failed to file it within the prescribed period, resulting in a delay of 2,228 days. They moved the High Court seeking condonation of this delay, stating there was no objection from the State and they were willing to forgo any interest or statutory benefits accrued during the delayed period. The State, represented by its Advocate General, waived service of notice, indicating no opposition to the application. The Court examined the uncontroverted averments and found no evidence of any ulterior motive on the part of the applicants. Consequently, the Court condoned the delay on the condition that the appellants would not be entitled to interest or statutory benefits for the period of delay. The record was called, and the matter was proceeded with without printing the order.

Issues considered

Whether a delay of 2,228 days in preferring an appeal can be condoned under the Civil Procedure Code
Whether the appellants are entitled to interest and statutory benefits for the period of delay if the delay is condoned

Subjects

condonation of delay
interest
statutory benefits
Civil Procedure Code
appeal
High Court

Judgment

                                         (1)                        109 CA 10276 OF 2025


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 109 CIVIL APPLICATION NO. 10276 OF 2025
                            IN FAST/27653/2025

LAXMIKANT KESHAVRAO KHOT DIED THROUGH HIS LEGAL HEIRS WAMAN
                              AND ANOTHER
                                  VERSUS
  THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, BEED AND
                                 ANOTHER
                                    ...
Mr. Bhise Raghvendra Diliprao, Advocate for Applicant
Mr. S. N. Morampalle, AGP for Respondent/s-State
                                    …

                                   CORAM       : SHAILESH P. BRAHME, J.
                                   DATE        : 20.02.2026

PER COURT :-
.           The applicants seek to condone delay of 2228 days in preferring
the appeal. Despite service of notice, none appears for the contesting party.
2.          The averments of the application are uncontroverted. There is no
reason to infer any oblique motive on the part of the applicants. They are
ready to give up the interest and statutory benefits for the delayed period.
3.          The delay stands condoned on condition that the applicants shall
not be entitled to the interest and statutory benefits for the delayed period.
FIRST APPEAL STAMP NO.
4.          Admit.    Learned      AGP    waives   service    of   notice    for    the
respondent/s-State.
5.          Call for Record and Proceeding. Print is dispensed with.
6.          The appellants shall not be entitled to the interest and statutory
benefits for the delayed period.



                                                     ( SHAILESH P. BRAHME, J. )
PRW

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