Bombay High Court
PRASAD EKNATHRAO BOCHARE AND ANRversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The delay is condoned conditionally, and the petitioners are not entitled to interest or statutory benefits for the delayed period.
Summary
The petitioners filed several civil applications seeking condonation of a delay of approximately 2417-2418 days in filing their appeals, with the delay spanning from 28 July 2022 to 2 December 2022. The respondents contested the applications, but the court found no evidence of mala fides on their part. While the court was prepared to condone the delay, it held that the petitioners would not be entitled to claim interest or any statutory benefits for the period of delay. The condonation was therefore granted on the condition that no interest or statutory benefits could be claimed for the delayed period. The court issued notice to the respondents for final disposal of the matter, with a return date of 6 February 2026.
Issues considered
- Whether the delay of approximately 2417-2418 days in filing the appeals can be condoned.
- Whether the petitioners are entitled to interest or statutory benefits for the period of delay.
Subjects
- condonation of delay
- civil appeal
- interest entitlement
- statutory benefits
- high court of Bombay
- procedural law
Judgment
2026:BHC-AUG:2148
28 to 31 CA 11575 OF 2022+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
28 CIVIL APPLICATION NO. 11575 OF 2022
IN FAST/14154/2022
SHIVAJI BHANUDAS PARDHI
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
...
Advocate for Applicant : Mr. Bhise Vitthal Dnyanoba
AGP for Respondent nos. 1 & 2 : Mr. S.N.Morampalle
…
29 CIVIL APPLICATION NO. 11576 OF 2022
IN FAST/14156/2022
ARVIND VITTHALRAO SHINDE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
...
Advocate for Applicant : Mr. Bhise Vitthal Dnyanoba
AGP for Respondent nos. 1 & 2 : Mr. N.D. Raje
Advocate for Respondent No. 3 : Mr. Arvomd M/ Gaddime
…
30 CIVIL APPLICATION NO. 11728 OF 2022
IN FAST/14158/2022
WITH
CIVIL APPLICATION NO. 11729 OF 2022
IN FAST/14345/2022
ASHAMATI VITTHALRAO WARADE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
...
Advocate for Applicant : Mr. Bhise Vitthal Dnyanoba
AGP for Respondent/State : Mr. S.V. Hange
Advocate for Respondent/Acquiring Body : Mr. Mukul Kulkarni and
S.S.Dande in respective appeals
...
31 CIVIL APPLICATION NO. 12799 OF 2022
IN FAST/14354/2022
WITH
1/3
28 to 31 CA 11575 OF 2022+.odt
CIVIL APPLICATION NO. 12797 OF 2022
IN FAST/14160/2022
WITH
CIVIL APPLICATION NO. 12798 OF 2022
IN FAST/14350/2022
WITH
CIVIL APPLICATION NO. 12800 OF 2022
IN FAST/14352/2022
SARJERAO BHAGWAN PARDHI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI
AND OTHERS
...
Advocate for Applicants : Mr. Bhise Vitthal Dnyanoba
AGP for Respondents/State : Mr. S.N. Morampalle
Advocate for Respondent/Acquiring Body : Mr. Mukul Kulkarni, Mr. Bhushan
V. Virdhe, Mr. Akash D. Gade in respective First Appeals
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 17.01.2026
PER COURT : MAIN MATTER
The applicants seek condonation of delay of 2418 in CA 11575/2002
days and 2417 days in other Applications, in preferring appeals.
2. The applications are contested by the respondents. It is pointed out
that there are lapses of over four months from 28.07.2022 to 02.12.2022.
3. The contents of the applications have not been traversed by the
respondent. There is no reason to infer any mala fides on their part. The
applicants are not entitled interest and statutory benefits for the delayed
period and the period of lapses on their part.
4. The delay stands condoned on condition that the applicants shall not
entitled to claim interest and statutory benefits for the delayed period as
well as for the period of lapses i.e. from 28.07.2022 to 02.12.2022.
2/3
28 to 31 CA 11575 OF 2022+.odt
FIRST APPEALS (STAMP) :
Issue notice to the respondents for final disposal, returnable on
06.02.2026.
( SHAILESH P. BRAHME, J.)
mkd/-
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