Bombay High Court

HAVGIRAO KAREPPA SHETKAR DIED THROUGH LRS NILESH HAVGIRAO SHETKARAND OTHERS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOER LATUR AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay is condoned, but the applicants are not entitled to interest or statutory benefits for the delayed period.

Summary

The applicants, the heirs of deceased Havgirao Kareppa Shetkar and Nagappa Sangappa Lasune, filed applications seeking condonation of a 6,341‑day delay in preferring first appeals against orders of the State of Maharashtra. The court noted that the applicants' averments were uncontroverted and found no oblique motive, and the applicants were willing to forgo interest and statutory benefits accrued during the delay. The court therefore condoned the delay but conditioned the condonation on the applicants not being entitled to any interest or statutory benefits for the delayed period. Service of notice to the State was waived, and the record was called for without printing. Consequently, the applications for condonation were allowed subject to the stated condition.

Issues considered

Whether the court may condone a delay of 6,341 days in preferring first appeals.
Whether the applicants are entitled to interest and statutory benefits for the period of delay.

Subjects

condonation of delay
interest
statutory benefits
civil appeals
high court

Judgment

                                      (1)                      129 CA 12578 OF 2025


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                   129 CIVIL APPLICATION NO. 12578 OF 2025
                              IN FAST/32566/2025

     HAVGIRAO KAREPPA SHETKAR DIED THROUGH LRS NILESH HAVGIRAO
                         SHETKARAND OTHERS.
                                 VERSUS
    THE STATE OF MAHARASHTRA THROUGH THE COLLECTOER LATUR AND
                                  ANR.
                                  WITH
                  CIVIL APPLICATION NO. 12785 OF 2025
                           IN FAST/32568/2025

    NAGAPPA SANGAPPA LASUNE DIED THR. LRS. SHIVKANT NAGAPPA
                         LASUNE AND ANOTHER
                                  VERSUS
 STATE OF MAHARASHTRA THR. THE COLLECTOR LATUR AND ANOTHER
                                     …
Mr. H. B. Nandagavale, Advocate for Applicants
Mr. S. N. Morampalle, AGP for Respondent/s-State
                                     …

                                  CORAM     : SHAILESH P. BRAHME, J.
                                  DATE      : 20.02.2026

PER COURT :-
.              The applicants seek to condone delay of 6341 days in preferring

the appeals.

2.             The averments of the applications have not been controverted.

There is no reason to infer any oblique motive on the part of the applicants.

They are ready to give up the interest and statutory benefits for the delayed
                                      (2)                        129 CA 12578 OF 2025


period.

3.          The delay stands condoned on condition that the applicants shall

not be entitled to the interest and statutory benefits for the delayed period.

FIRST APPEALS STAMP NO.

4.          Admit. Learned AGP waives service of notice for respondent/s-

State.

5.          Call for Record and Proceeding. Print is dispensed with.

6.          The appellants shall not be entitled to the interest and statutory

benefits for the delayed period.



                                                    ( SHAILESH P. BRAHME, J. )
PRW

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