Bombay High Court

THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ANOTHERversusDHONDABAI RAMRAO SALUNKE

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and granted a stay of the impugned judgment subject to deposit of the award within twelve weeks.

Summary

The State of Maharashtra filed a civil application challenging a judgment and award dated 18 November 2022 passed by the Civil Judge Senior Division, Omerga. The State sought condonation of a 1,326‑day delay in filing its first appeal, arguing that the reasons for the delay were satisfactorily explained. The respondent opposed condonation, but the High Court accepted the explanation and condoned the delay. The Court also entertained a stay application, ordering that the impugned judgment be stayed provided the State deposits the entire award amount within twelve weeks. Notice was issued to the respondent, who waived service, and the civil application for condonation and stay was disposed accordingly.

Issues considered

Whether a delay of 1,326 days in filing the first appeal can be condoned.
Whether a stay of the impugned judgment and award should be granted subject to deposit of the awarded amount.

Subjects

condonation of delay
stay of judgment
civil appeal
judgment and award
deposit requirement
high court

Judgment

                          1                   949-CA.10400-26 & anr.odt



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

          949 CIVIL APPLICATION NO. 10400 OF 2026
                     IN FAST/25802/2026

     THE STATE OF MAHARASHTRA, THROUGH COLLECTOR,
                OSMANABAD AND ANOTHER
                        VERSUS
               DHONDABAI RAMRAO SALUNKE

                            WITH
            CIVIL APPLICATION NO. 10401 OF 2026
                     IN FAST/25802/2026
                              ...
         Advocate for Applicants/State : Ms. D. S. Jape.
       Advocate for Respondent : Mr. Vivekanand V. Ingale.
                              ...

                       CORAM : MANJUSHA A. DESHPANDE, J.
                       DATE : 24.09.2026
PER COURT :-


1.     The appellant/State is challenging the judgment and

award passed by the Civil Judge Senior Division, Omerga,

District Osmanabad in LAR.No.6 of 2011, dated 18.11.2022.


2.     There is a delay of 1326 days in filing the first appeal.

The reasons for delay have been satisfactorily explained in the

civil application. The learned advocate appearing for the

respondent opposes the condonation of delay.


3.     Considering the satisfactory explanation given in the

application, the delay of 1326 days is condoned.


4.     Civil application for delay stands disposed of.
                          2                         949-CA.10400-26 & anr.odt



Civil Application for Stay


5.      Issue   notice   to   the         respondent,   returnable       on

07.01.2027.


6.      Learned counsel Mr. Ingale waives service of notice for

the respondent.


7.      The impugned judgment and award dated 18.11.2022

passed by the Civil Judge Senior Division, Omerga, Osmanabad

in LAR.No.6 of 2011 shall be stayed subject to deposit of entire

amount under the impugned judgment and award within a

period of twelve (12) weeks from today.




                               (MANJUSHA A. DESHPANDE, J.)

                                    ...

vmk/-

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