Bombay High Court

MD JAFAR MD SHARIFversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ANOTHER

Disposal: DISPOSED OFF

Holding

The court condoned the delay but dismissed the review application as it did not meet the criteria of Section 114 CPC.

Summary

The applicant filed a civil application seeking condonation of delay in filing a review petition challenging the trial court’s order dated 16.07.2026, which did not award interest on arrears. The applicant argued that the earlier order dated 18.08.2016 in Writ Petition No. 11892 of 2015, which refused interest, was not applicable. The court examined whether the delay could be condoned and whether the review petition met the requirements of Section 114 of the Civil Procedure Code. It held that the delay could be condoned and ordered the review application to be registered, but found no apparent error in the original order and concluded that the review petition did not satisfy the statutory parameters. Consequently, the review application was dismissed while the condonation of delay was granted.

Issues considered

Whether the delay in filing the review application can be condoned.
Whether the review application is maintainable under Section 114 of the Civil Procedure Code on the ground of non‑award of interest.

Legislation cited

Code of Civil Procedure, 1908 — s. 114

Subjects

condonation of delay
review application
Civil Procedure Code
Section 114
interest on arrears
judicial review

Judgment

2026:BHC-AUG:42591-DB




                                                (1)                    ca10796.26


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                        907 CIVIL APPLICATION NO. 10796 OF 2026
                                   IN RAST/26516/2026

                                   MD JAFAR MD SHARIF
                                         VERSUS
                 THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ANOTHER

           Mr. D.G. Kamble, Advocate for the applicant.
           Mr. P.K. Lakhotiya, AGP for the respondent-State
           Mr. S.N. Janakwade, Advocate for respondent No.2.

                                            CORAM : KISHORE C. SANT &
                                                    AJIT B. KADETHANKAR, JJ.
                                            DATE  : 16.09.2026

           PC :-

           01.          This application is filed for condonation of delay caused in

           filing the review application.   For the reasons stated in the application,

           this Civil Application is allowed.     Delay is condoned.      The review

           application be registered.



           02.          Heard learned Advocate for the applicant.         This review

           application is filed on limited ground that this Court while passing order

           dated 16.07.2026 has not awarded interest on the amount of arrears.

           Learned Advocate for the applicant relies on the order passed by this

           Court dated 18.08.2016 in Writ Petition No. 11892 of 2015. By looking

           to the para 4 of the order in review, it is seen that this Court has already
                                           (2)                     ca10796.26


considered the submissions and even order dated 18.08.2016 by holding

that the said order is not applicable in the facts of the case. This Court

specifically refused interest on the amount of arrears.



03.                 No error apparent on the face of record is pointed out. The

review application does not meet the parameters of section 114 of the

Civil Procedure Code.



04.                 This Review Application, therefore, stands rejected.




  [AJIT B. KADETHANKAR, J.]                        [KISHORE C. SANT, J.]


snk/2026/Sep26/ca10796.26

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