Bombay High Court

SANJAY BHILA PATILversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALGAON, DIST JALGAON AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay of 1,178 days in filing the first appeal may be condoned, but the applicant will not be entitled to interest or statutory benefits for the delayed period.

Summary

The applicant, Sanjay Bhila Patil, filed a civil application seeking condonation of a 1,178‑day delay in filing his first appeal against the State of Maharashtra. He offered to forgo any interest and statutory benefits accrued during the delayed period, and the respondents did not contest these averments. The court, finding no doubt about the applicant’s bonafide intent, allowed the condonation on the condition that the applicant would not be entitled to interest or statutory benefits for the period of delay. Consequently, the civil application was allowed, the first appeal was admitted, service of notice to the respondents was waived, and the record was ordered to be called from the lower court. The court also dispensed with printing the order.

Issues considered

The court must decide whether a delay of 1,178 days in preferring a first appeal can be condoned under the Civil Procedure Code.
Whether the applicant can be denied interest and statutory benefits for the period of delay as a condition of condonation.

Subjects

condonation of delay
first appeal
Civil Procedure Code
interest
statutory benefits
service of notice waived

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

          86 CIVIL APPLICATION NO. 10615 OF 2025
                     IN FAST/21647/2025

                SANJAY BHILA PATIL
                      VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
         JALGAON, DIST JALGAON AND OTHERS
                              ...
Advocate for Applicant : Ms. Shilpa D. Magre h/f Mr. Patil V. B.
     AGP for Respondent/s-State : Mr. V. V. Jahagirdar.
                              ...


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


1.    Heard both sides.


2.    Applicant seeks to condone delay of 1178 days in

preferring first appeal.


3.    Applicant is ready to give up the interest and statutory

benefits for the delayed period. The averments of the

application have not been controverted by the respondents.

There is no reason to doubt the bonafides of the applicant. The

delay stands condone on condition that applicant shall not be

entitled to interest and statutory benefits for the delayed

period.
4.      Civil application is allowed.


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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