Bombay High Court
SARJERAO BHAGWAN PARDHI AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, PARBHANI AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The Court condoned the delay but held that the petitioners are not entitled to interest or statutory benefits for the delayed period.
Summary
The petitioners, represented by Mr. Bhise Vitthal Dnyanoba, filed several civil applications seeking condonation of a delay of approximately 2,418 days in preferring their appeals against the State of Maharashtra. The respondents contested the applications, highlighting a lapse of over four months between 28 July 2022 and 2 December 2022. The Court observed that the respondents had not traversed the contents of the applications and found no evidence of mala fides on their part. While the Court was prepared to condone the delay, it conditioned the condonation on the ground that the petitioners would not be entitled to claim interest or any statutory benefits for the period of delay. Accordingly, the Court issued notice to the respondents for final disposal and ordered the delay to be condoned subject to the stated condition.
Issues considered
- Whether a delay of 2,418 days in preferring appeals can be condoned under procedural law.
- Whether the petitioners are entitled to interest and statutory benefits for the period of delay and the lapse between 28 July 2022 and 2 December 2022.
Subjects
- condonation of delay
- civil appeals
- interest entitlement
- statutory benefits
- procedural law
- court discretion
Judgment
2026:BHC-AUG:2147
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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