Bombay High Court

THE STATE OF MAH.versusMEHTABBI BASHIRKHAN PATHAN

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The application for condonation of delay was rejected as no sufficient cause was shown under Section 5 of the Limitation Act.

Summary

The State of Maharashtra filed an application seeking condonation of a 1,167‑day delay in filing its first appeal. The applicant argued that the delay was due to the time required to obtain sanction from the Law and Judiciary Department and was not deliberate. The court observed that no documentary evidence was produced to show any correspondence with the Law and Judiciary Department, and therefore no sufficient cause under Section 5 of the Limitation Act was established. Consequently, the application was found to be without merit. The court ordered the application to be rejected and directed that the court fees be refunded as per the Rules.

Issues considered

Whether the delay of 1,167 days in filing the first appeal can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Act — s. 5

Subjects

condonation of delay
Limitation Act
Section 5
court fees refund
civil procedure

Judgment

2026:BHC-AUG:23749


                                                                            ca11384.04
                                                  -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             902 CIVIL APPLICATION NO. 11384 OF 2004
                                          IN RC/503/2008

                                        The State of Maharashtra
                                                VERSUS
                                      Mehtabbi Bashirkhan Pathan
                                                    ...
                 A.G.P. for Applicant : Mr. B.V. Virdhe
                                                    …..

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 17th JUNE, 2026

                 PER COURT :-


                 1.        The amendment be carried out forthwith.



                 2.        Heard learned A.G.P. for the applicant.        This is an

                 application of condonation of delay of 1167 days caused in filing the

                 first appeal.



                 3.        Upon perusal of the application, it appears that the ground

                 raised therein is that time was required to obtain sanction from the

                 Law and Judiciary Department for filing the appeal, and therefore the

                 delay was caused. It is contended that the delay was not deliberate.

                 However, it is evident that, no document has been placed on record

                 to establish that there was any correspondence between the Law and

                 Judiciary Department and the Office of the Government Pleader of
                                                         ca11384.04
                                   -2-

this Court, regarding the filing of the appeal. Thus, no sufficient

cause, as contemplated under Section 5 of the Limitation Act, has

been shown for condonation of delay. The application, being devoid

of merit, deserves to be rejected. Accordingly, the application is

rejected.



4.          The court fees be refunded as per Rules.



                                    (SANJAY A. DESHMUKH, J.)

rlj/

Continue reading with your account

Checking your session…