Bombay High Court

SAHEBRAO RANGUJI DUGANE (DIED) T/H L.RS. SARJABAI (DIED) T/H L.RS. SURESH AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay as it was not intentional, subject to an undertaking by the petitioners not to claim statutory benefits or interest.

Summary

The petitioners sought condonation of a 1,312‑day delay in filing a first appeal against a decree. They submitted an explanation alleging that the delay was neither intentional nor deliberate. The Court examined whether the delay could be condoned under the principles of equity and procedural law. Finding the explanation satisfactory, the Court granted condonation but imposed a condition that the petitioners undertake not to claim statutory benefits or interest for the delayed period. The undertaking must be filed within four weeks, and the application was disposed of in the petitioners' favour.

Issues considered

Whether a delay of 1,312 days in filing a first appeal can be condoned.
Whether the delay is considered intentional or deliberate.
Whether the Court may impose conditions, such as an undertaking to forgo statutory benefits and interest, upon condoning the delay.

Subjects

condonation of delay
first appeal
civil procedure
undertaking
statutory benefit
interest

Judgment

2026:BHC-AUG:38391


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 1130 OF 2026
                                      IN FAST/1655/2026

                SAHEBRAO RANGUJI DUGANE (DIED) T/H L.RS. SARJABAI
                        (DIED) T/H L.RS. SURESH AND OTHERS
                                          VERSUS
               THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
                                   JALNA AND OTHERS
                                               ...
                     Advocate for Applicants : Mr. Firoj Ahmad Shirpurkar
                    AGP for Respondent Nos. 1 & 2 : Ms. Meenkashi Sangit
                     Advocate for Respondent No. 3 : Mr. S.T. Chalikwar
                                              …

                                            CORAM : MANJUSHA DESHPANDE, J.
                                            DATE : 20th AUGUST, 2026

              PER COURT :

              1.           This is an Application for condonation of delay of 1312 days

              in filing the First Appeal.

              2.           The explanation is averred in paragraph nos. 4 and 5 of the

              Civil Application for delay in approaching this Court. The reasons given

              in the Application for delay are satisfactory and the delay is neither

              intentional nor deliberate. Hence, the delay is condoned and the Civil

              Application is allowed in terms of prayer clause 'B'.

              3.           Considering the explanation given by the Applicants, the

              delay is condoned subject to condition that the Claimants shall give an

              undertaking before this Court that they will not claim statutory benefit as
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well as interest of the delayed period in approaching this Court. This

undertaking be given by the Applicants to the satisfaction of the Registrar

(Judicial), of this Court within a period of four weeks.

4.           The Civil Application stands disposed of.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

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