Bombay High Court

RAMSING S/O DHANAJI PAWAR (DIED) THROUGH LRS ANKUSH AND OTHERS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHERS.

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

Holding

The Court condoned the 3,202‑day delay in filing the first appeals but denied the applicant any interest or statutory benefits for the delayed period.

Summary

Laxman Mittu Pawar filed applications seeking condonation of a 3,202‑day delay in preferring first appeals against the State of Maharashtra. The respondents did not contest the applications, and the applicant offered to forgo interest and statutory benefits for the delayed period. The Court examined whether such a lengthy delay could be condoned and whether interest could be awarded. It held that the delay could be condoned but the applicant would not be entitled to any interest or statutory benefits for the period of delay. Consequently, the civil applications were allowed, the delay was condoned on the stated condition, and the first appeals were ordered to be registered.

Issues considered

Whether a delay of 3,202 days in filing first appeals can be condoned under procedural law
Whether the applicant is entitled to interest and statutory benefits for the period of delay

Subjects

condonation of delay
first appeal
interest
statutory benefits
procedural law
High Court

Judgment

2026:BHC-AUG:6636




                                              1                           123 ca 12453.25

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 12453 OF 2025
                                             IN
                             FIRST APPEAL STAMP NO. 30178 OF 2025

                           Laxman Mittu Pawar                       .. Applicant
                                 Versus
                           The State of Maharashtra, through the
                           Collector, Jalna and others              ..   Respondents

                    Shri Vitthal D. Bhise, Advocate for the Applicant in all matters.
                    Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2 in all
                    matters.

                                            WITH
                              CIVIL APPLICATION NO. 12454 OF 2025
                                              IN
                             FIRST APPEAL STAMP NO. 30172 OF 2025
                                             AND
                              CIVIL APPLICATION NO. 12455 OF 2025
                                              IN
                             FIRST APPEAL STAMP NO. 30198 OF 2025
                                             AND
                              CIVIL APPLICATION NO. 12456 OF 2025
                                              IN
                             FIRST APPEAL STAMP NO. 30202 OF 2025

                                      CORAM : SHAILESH P. BRAHME, J.
                                       DATE : 12TH FEBRUARY, 2026.

                    FINAL ORDER :


                    .      All the respondents are served. Mr. Hange, learned A. G.
                    P. waives service for the respondent No. 2.


                    2.     Applicants seeks to condone delay of 3202 days caused in
                            2                            123 ca 12453.25

preferring first appeals.   It is submitted that for the reasons
stated in the applications, delay deserves to be condoned.


3.    The contents of the applications have not been traversed by
the respondents. There is no reason to infer any oblique motive
on the part of the applicants in present appeals belatedly. They
are ready to give up interest and statutory benefits for the
delayed period.


4.    For the reasons stated in the applications, the civil
applications are allowed and delay stands condoned on condition
that the applicants shall not be entitled to receive interest and
statutory benefits for the delayed period. Office shall register
first appeals. The civil applications are disposed of.



                                [ SHAILESH P. BRAHME J. ]


bsb/Feb. 26

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