Bombay High Court

RADHAKISHAN BHAURAO KARHALE DIED THR LRS ANNAPURNABAI KARHALE AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court condoned the 4,007‑day delay on the condition that no interest or statutory benefits shall be awarded to the applicants.

Summary

The applicants, representing the estate of the deceased Radhakishan Bhaulrao Karhale, filed a civil application seeking condonation of a 4,007‑day delay in filing their first appeal against a decree of the State of Maharashtra. The respondents, the State and its authorities, did not contest the application, and one respondent failed to appear. The court examined the application, found no evidence of malafide intent, and decided that the delay could be condoned. However, the court conditioned the condonation on the applicants not being entitled to interest or any statutory benefits for the period of delay. Consequently, the civil application was allowed and the matter was scheduled for final disposal on 13 February 2026.

Issues considered

Whether a delay of 4,007 days in preferring a first appeal can be condoned.
Whether the applicants are entitled to interest or statutory benefits for the period of delay if condonation is granted.

Subjects

condonation of delay
first appeal
civil procedure
interest
statutory benefits

Judgment

                            1                 27-CA.13752-23.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

         27 CIVIL APPLICATION NO. 13752 OF 2023
                    IN FAST/31493/2023

   RADHAKISHAN BHAURAO KARHALE DIED THR LRS
          ANNAPURNABAI KARHALE AND ORS
                     VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                 JALNA AND ORS.
                              ...
       Advocate for Applicants : Mr. Pingale Durgesh M.
        AGP for Respondent/s-State : Mr. S. V. Hange.
                              ...

                         CORAM : SHAILESH P. BRAHME, J.
                         DATE : 23.01.2026
PER COURT :-


1.    None appears for respondent No.3 though served.


2.    Applicants seek to condone delay of 4007 days in

preferring first appeal. Averments of the application have not

been traversed by the respondents. There is no reason to infer

any malafides. The delay stands condone on condition that

appellants shall not be entitled to interest and statutory

benefits for the delayed period.


3.    Civil application is allowed.


First Appeal


4.    Issue notice to the respondents for final disposal,

returnable on 13.02.2026.
                             2                          27-CA.13752-23.odt



5.      Learned   AGP    waives         service   of   notice   for   the

respondents/State Authorities.


6.      Matter shall be decided finally on 13.02.2026.




                                           (SHAILESH P. BRAHME, J.)

                                  ...

vmk/-

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