Bombay High Court

THE STATE OF MAHARASHSTRA AND ANOTHERversusDNYANOBA SHANKAR WAGHMARE DIED LRS DATTATRAYA DNYANOBA WAGHMARE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: KISHORE C SANT AJIT B KADETHANKAR

Holding

The court condoned the 357‑day delay and ordered registration of the first appeals.

Summary

The petitioners, Prakash Kashinath Mande and others, filed a series of civil applications seeking condonation of a 357‑day delay in filing first appeals against a judgment and award of the learned Reference Court. The State of Maharashtra, as respondent, opposed the condonation. The court examined whether the delay could be excused under the provisions governing condonation of delay in civil proceedings. Relying on the principle that delay may be condoned if sufficient cause is shown, the court found the petitioners' explanations satisfactory. Consequently, the applications were allowed, the delay was condoned, and the first appeals were ordered to be registered.

Issues considered

Whether a delay of 357 days in filing first appeals can be condoned under the applicable procedural law

Subjects

condonation of delay
first appeal
civil procedure
reference court
Bombay High Court
CPC

Judgment

                    (1)              920-FA-1644-2012


IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           BENCH AT AURANGABAD

     920 FIRST APPEAL NO. 1644 OF 2012

       Prakash Kashinath Mande And Ors
                    VERSUS
           The State Of Mah And Anr.
                     WITH
    CIVIL APPLICATION NO. 12349 OF 2013
             IN FAST/21617/2013
                     WITH
    CIVIL APPLICATION NO. 12350 OF 2013
             IN FAST/21627/2013
                     WITH
    CIVIL APPLICATION NO. 12359 OF 2013
             IN FAST/21614/2013
                     WITH
    CIVIL APPLICATION NO. 12360 OF 2013
             IN FAST/21610/2013
                     WITH
    CIVIL APPLICATION NO. 12353 OF 2013
               IN FA/2914/2021
                     WITH
    CIVIL APPLICATION NO. 12354 OF 2013
             IN FAST/21623/2013
                     WITH
    CIVIL APPLICATION NO. 12357 OF 2013
             IN FAST/21606/2013
                     WITH
    CIVIL APPLICATION NO. 12358 OF 2013
             IN FAST/21614/2013
                     WITH
    CIVIL APPLICATION NO. 12356 OF 2013
             IN FAST/21606/2013
                                   (2)                 920-FA-1644-2012


                                   WITH
                 CIVIL APPLICATION NO. 12351 OF 2013
                            IN FAST/21627/2013
                                   WITH
                    FIRST APPEAL NO. 2914 OF 2021
                                   WITH
                 CIVIL APPLICATION NO. 12348 OF 2013
                            IN FAST/21617/2013
                                   WITH
                 CIVIL APPLICATION NO. 12355 OF 2013
                            IN FAST/21623/2013
                                   WITH
                 CIVIL APPLICATION NO. 12361 OF 2013
                            IN FAST/21610/2013
                                     ...
Mr. Abhishek D. Chapule h/f Mr. N. P. Jamalpurkar Patil, Advocate for
Applicant.
Mr. S. S. Manale, Advocate for Appellant.
Mr. A. M. Joshi h/f Mr. M. H. Patil, Advocate for Respondent Nos. 1 to 5.
Mr. A. R. Kale, Addl. G.P. for Respondent-State.

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

                                DATE     : 25th JUNE 2026.

PC :-

1.      Heard the parties.

2.      These Civil Applications are filed the State for condonation of

delay of 357 days caused in filing the first appeals challenging the

judgment and award passed by the learned Reference Court.
                                         (3)                 920-FA-1644-2012


3.           For the reasons stated in the applications, applications stand

allowed. Delay stands condoned. Office to register First Appeals.

FIRST APPEALS

4.           Heard.

5.           Issue notice to the Respondents, returnable on 23.07.2026.

6.           First Appeal No.1643/2012 be tagged with these first appeals.



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


D.A.ETHAPE

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