Bombay High Court

KAUSHALYABAI SHIVAJI HATOTE(DIED) THROUGH HIS LRS VIDYARANI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DISTRICE COLLECTOR JALNA AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

An unintentional delay of 3347 days in filing a first appeal may be condoned if the applicant waives interest and statutory benefits for the delayed period.

Summary

The petitioners, representing the estate of the deceased Kaushalyabai Shivaji Hatote, filed a civil application seeking condonation of a 3347‑day delay in filing their first appeal against a decree of the State of Maharashtra. They offered to forgo any interest and statutory benefits accrued during the period of delay. The Court examined the uncontroverted content of the application and found the delay to be unintentional. It conditioned the condonation on the petitioners' waiver of interest and statutory benefits. Consequently, the civil application was allowed, and the matter was set for final disposal.

Issues considered

Whether a delay of 3347 days in preferring a first appeal can be condoned under the provisions of the Civil Procedure Code.

Subjects

condonation of delay
first appeal
Civil Procedure Code
interest waiver
statutory benefits

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

          89 CIVIL APPLICATION NO. 10773 OF 2025
                     IN FAST/28465/2025
KAUSHALYABAI SHIVAJI HATOTE (DIED) THROUGH HIS LRS
                VIDYARANI AND ORS.
                      VERSUS
 THE STATE OF MAHARASHTRA THROUGH THE DISTRICE
             COLLECTOR JALNA AND ANR
                               ...
     Advocate for Applicants : Mr. Bhise Vitthal Dnyanoba.
       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.    Applicants seek to condone delay of 3347 days in

preferring first appeal. They are ready to give up interest and

statutory benefits for the delayed period.


3.    The    contents     of   the   application   have      gone

uncontroverted. The delay can be said to be unintentional.

The delay stands condone on the condition that applicant is

ready to give up the interest and statutory benefits for the

delayed period.
4.      Civil application is allowed.


First Appeal


5.      Issue notice for final disposal to the respondents,

returnable on 22.04.2026.


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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