Bombay High Court
SIDRAM MANIK KSHIRSAGAR AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the 19‑day delay and restored the first appeal.
Summary
The petitioners filed a civil application seeking condonation of a 19‑day delay in filing their first appeal (First Appeal (St.) No.36346 of 2023). The delay was challenged by the State of Maharashtra, represented by the Attorney General. The Court examined the precedent set by the Supreme Court in Suresh Kumar v. State of Haryana, which outlines the principles for condoning procedural delays. Relying on that authority, the Court held that the delay was excusable and granted condonation. Consequently, the application was allowed and the first appeal was restored to the court's roll. A notice was issued to respondent No.3, with service waived for respondents No.1 and No.2.
Issues considered
- Whether a delay of 19 days in filing a first appeal can be condoned under established jurisprudence
- Whether the principles laid down in Suresh Kumar v. State of Haryana are applicable to the present case
Subjects
- condonation of delay
- first appeal
- civil procedure
- restoration of appeal
- precedent
Judgment
(1) 937-CA-13215-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
937 CIVIL APPLICATION NO. 13215 OF 2025
IN
FIRST APPEAL (St.) NO.36346 OF 2023
Sidram Manik Kshirsagar And Ors
VERSUS
The State Of Maharashtra Through The Collector Nanded And Ors
…..
Mr. Wakure Sanjay A, Advocate for Applicant.
Mr. A. V. Lavte, AGP for Respondent – State.
…..
CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 1, 2026.
PC :-
1. This Civil Application is seeking condonation of delay towards 19 days
caused in filing the First Appeal. Notices were issued.
2. Today, when the matter is called out, none for the acquiring body.
1. Mr. A. V. Lavte, learned AGP for State is present. For the reasons stated
in the application, as also in the light of the law laid down by the Hon’ble
Supreme Court in the case of Suresh Kumar Vs. State of Haryana & Ors.1, the
delay stands condoned.
1 Civil Appeal No. 670 of 2020 along with connected matters decided on 23 April 2025.
Kiran Kawre
(2) 937-CA-13215-2025
2. Civil Application is allowed accordingly. Appeal be restored.
FIRST APPEAL (St.) NO.36346 OF 2023
3. Issue notice to respondent No.3, returnable on 29 September 2026.
4. Mr. Lavte, learned AGP waive service for respondent Nos.1 and2.
[AJIT B. KADETHANKAR, J.]
Kiran Kawre
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