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Bombay High Court

PRAKASH BABASAHEB KHARATversusSTATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS

Disposal
DISPOSED OFF

Holding

The delay is condoned, but the applicants are not entitled to interest or statutory benefits for the delayed period, and for two applications, also not for the period of lapses.

Summary

The applicants, a group of heirs and legal representatives, filed multiple civil applications seeking condonation of delays ranging from 3,167 to 4,754 days in preferring first appeals against orders of the State of Maharashtra. The State contested the applications, arguing that the delays were excessive and that the applicants should not be granted any interest or statutory benefits for the period of delay. The court examined the uncontroverted averments and found no mala‑fides on the part of the applicants, noting their willingness to forgo interest and benefits. It held that the delay could be condoned, but the applicants would not be entitled to claim interest or statutory benefits for the delayed period, and for two specific applications, also not for the period of lapses between filing and the first order. Consequently, the court ordered the registration of the first appeals and disposed of the civil applications.

Issues considered

  • Whether the delay of 3,167 to 4,754 days in filing first appeals can be condoned.
  • Whether the applicants are entitled to interest and statutory benefits for the period of delay.
  • Whether the applicants are entitled to benefits for the period of lapses between filing and securing the first order in specific applications.

Subjects

  • condonation of delay
  • first appeal
  • interest
  • statutory benefits
  • civil procedure
  • Maharashtra

Judgment

2026:BHC-AUG:16946




                                           1                   930 ca 14036.24 + group

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                          CIVIL APPLICATION NO. 14036 OF 2024
                                         IN
                         FIRST APPEAL STAMP NO. 26264 OF 2024

                       Kashinath Manohar Rajbinde
                       Since deceased through his L.Rs.
                       Dwarka Kashinath Rajbinde and others .. Applicants
                             Versus
                       The State of Maharashtra, through the
                       Collector, Jalna and others           .. Respondents

                                         WITH
                           CIVIL APPLICATION NO. 3477 OF 2026
                                          IN
                          FIRST APPEAL STAMP NO. 6019 OF 2022

                       Devidas Bhaurao Karpe
                       Since deceased through his L.Rs.
                       Chaturabai Karpe and others              .. Applicants
                             Versus
                       The State of Maharashtra, through the
                       Collector, Jalna and others              ..   Respondents

                                         WITH
                           CIVIL APPLICATION NO. 3478 OF 2026
                                          IN
                          FIRST APPEAL STAMP NO. 6013 OF 2022

                       Sopan Bapurao Rajbinde
                       Since deceased through his L.Rs.
                       Ramkala Sopan Rajbinde and others        .. Applicants
                             Versus
                       The State of Maharashtra, through the
                       Collector, Jalna and others              ..   Respondents

                                         WITH
                           CIVIL APPLICATION NO. 4191 OF 2024
                    2                   930 ca 14036.24 + group

                  IN
   FIRST APPEAL STAMP NO. 2346 OF 2024

Shivaji Govindrao Panage                 .. Applicant
      Versus
The State of Maharashtra, through the
Collector, Jalna and others              ..   Respondents

                  WITH
    CIVIL APPLICATION NO. 2755 OF 2025
                   IN
   FIRST APPEAL STAMP NO. 2340 OF 2024

Vikram Babpurao Choudhary
and another                              .. Applicants
      Versus
The State of Maharashtra, through the
Collector, Jalna and others              ..   Respondents

                 WITH
   CIVIL APPLICATION NO. 13224 OF 2025
                  IN
  FIRST APPEAL STAMP NO. 24695 OF 2025

Prakash Babasaheb Kharat                 .. Applicant
      Versus
The State of Maharashtra, through the
Collector, Jalna and others              ..   Respondents

                 WITH
   CIVIL APPLICATION NO. 12551 OF 2025
                  IN
  FIRST APPEAL STAMP NO. 24688 OF 2025

Indar Babasaheb Kharat                   .. Applicant
      Versus
The State of Maharashtra, through the
Collector, Jalna and others              ..   Respondents

                        WITH
                    3                   930 ca 14036.24 + group

    CIVIL APPLICATION NO. 4196 OF 2024
                   IN
   FIRST APPEAL STAMP NO. 2354 OF 2024

Sundar Abhiman Rajbinde
Since deceased through his L.Rs.
Indrabai and others                      .. Applicants
      Versus
The State of Maharashtra, through the
Collector, Jalna and others              ..   Respondents

                  WITH
    CIVIL APPLICATION NO. 2763 OF 2025
                   IN
   FIRST APPEAL STAMP NO. 1761 OF 2024

Shahurao Bapurao Rajbinde                .. Applicant
      Versus
The State of Maharashtra, through the
Collector, Jalna and others              ..   Respondents

                  WITH
    CIVIL APPLICATION NO. 4167 OF 2024
                   IN
   FIRST APPEAL STAMP NO. 1934 OF 2024

Asaram Shrirangrao Chavhal               .. Applicant
      Versus
The State of Maharashtra, through the
Collector, Jalna and others              ..   Respondents

                  WITH
    CIVIL APPLICATION NO. 4293 OF 2024
                   IN
   FIRST APPEAL STAMP NO. 2345 OF 2024

Govind Ashroba Panage                    .. Applicant
      Versus
The State of Maharashtra, through the
Collector, Jalna and others              ..   Respondents
                            4                930 ca 14036.24 + group


                        WITH
          CIVIL APPLICATION NO. 4291 OF 2024
                         IN
         FIRST APPEAL STAMP NO. 2353 OF 2024

     Dinkar Tryambak Rajbinde                  .. Applicant
           Versus
     The State of Maharashtra, through the
     Collector, Jalna and others               ..   Respondents

                       WITH
         CIVIL APPLICATION NO. 14044 OF 2024
                        IN
        FIRST APPEAL STAMP NO. 26261 OF 2024

     Rustum Bapurao Rajbinde                   .. Applicant
           Versus
     The State of Maharashtra, through the
     Collector, Jalna and others               ..   Respondents

Shri D. A. Bide, Advocate for the Applicants in all matters.
Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2 in all
matters.
Shri S. G. Bhalerao, Advocate for the respondent No. 3 in all
matters.

                  CORAM : SHAILESH P. BRAHME, J.
                   DATE : 18TH APRIL, 2026.

FINAL ORDER :


.    Heard learned counsel for the applicants, learned A. G. P.
for the respondents/State and the learned counsel for the
acquiring body.


2.   Applicants seek to condone delay ranging from 3167 to
                              5                930 ca 14036.24 + group

4754 days caused in preferring first appeals. For the reasons
stated in the applications the delay is sought to be condoned. It
is further contended that appeals can be decided finally because
these are the covered matters by earlier view taken by this
Court.


3.      The applications are contested by the respondents.


4.      The     averments   of    the   applications   have     gone
uncontroverted. There is no reason to infer any mala-fides on
the part of the applicants. They are ready to give up interest and
statutory benefits for the delayed period. In case of lapses on the
part of the applicants, especially in Civil Application No. 3478 of
2026 in First Appeal Stamp No. 6013 of 2022 and Civil
Application No. 3477 of 2026 in First Appeal Stamp No. 6019 of
2022, they are not entitled to benefits for the period of lapses
also.


5.      For the reasons stated in the applications, the delay stands
condoned on condition that applicants shall not be entitled to
claim interest and statutory benefits for the delayed period.


6.      In    Civil Application No. 3478 of 2026 in First Appeal
Stamp No. 6013 of 2022 and Civil Application No. 3477 of 2026
in First Appeal Stamp No. 6019 of 2022 the delay stands
condoned on condition that applicants shall not be entitled to
claim interest and statutory benefits for the delayed period as
                               6                    930 ca 14036.24 + group

well as for the period of lapses from filing of application till
securing of the first order.


7.    Office   shall   register     the   first   appeals.     The    civil
applications are disposed of.



                                   [ SHAILESH P. BRAHME J. ]


bsb/April 26


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