Bombay High Court

RAJENDRA KISHANRAO JADHAVversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the delay may be condoned but the applicant is not entitled to statutory benefits or interest for the delayed period.

Summary

The applicant sought condonation of a 3,766‑day delay in filing a first appeal. The respondent failed to appear despite service, and the Attorney General for the State waived service for two respondents. The court found no evidence of an oblique motive by the applicant and noted that the contents of the application were uncontroverted. While the court allowed the condonation of delay, it conditioned the relief by denying the applicant any statutory benefits or interest for the period of delay. Consequently, the civil application was allowed on those terms.

Issues considered

Whether a delay of 3,766 days in preferring the first appeal can be condoned
Whether the applicant is entitled to statutory benefits and interest for the delayed period

Subjects

condonation of delay
first appeal
statutory benefits
interest
civil procedure

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

          85 CIVIL APPLICATION NO. 10415 OF 2025
                     IN FAST/15566/2025
             RAJENDRA KISHANRAO JADHAV
                          VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                      JALNA AND ORS
                              ...
  Advocate for Applicant : Mr. Jay r. Raundale h/f Mr. More
                     Kumar Gaurav M.
       AGP for Respondent/s-State : Mr. N. D. Raje.
                              ...


                           CORAM :   SHAILESH P. BRAHME, J.
                           DATE :    18.03.2026
PER COURT :-


1.    Heard both sides.


2.    Applicant seeks to condone delay of 3766 days in

preferring first appeal.


3.    The contesting party respondent No.3 has not caused

appearance despite service. Learned AGP waives service for

respondent Nos.1 and 2/State. The contents of the application

have gone uncontroverted. There is no reason to infer any

oblique motive on the part of the applicant to cause delay.
Applicant is ready to give up the interest and statutory benefits

for the delayed period. The delay stands condone.


4.      Civil application is allowed on condition that applicant

shall not be entitled to statutory benefits and the interest for

the delayed period.


First Appeal


5.      Admit.


6.      Learned    AGP     waives        service   of   notice   for

respondents/State Authorities.


7.      Call for Record and Proceedings from the concerned

Court.


8.      Print is dispensed with.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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