Bombay High Court

KAILAS ANANDA PATHARE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, BEED AND ANOTHER

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay is condoned subject to the applicants' undertaking not to claim statutory benefit or interest for the delayed period.

Summary

The applicants filed a civil application seeking condonation of a 3,527‑day delay in filing their first appeal. They explained the delay was due to lack of legal knowledge and financial constraints. The court noted that the law is settled that delay alone should not deprive claimants of statutory rights. However, the court conditioned the condonation on the applicants giving an undertaking not to claim any statutory benefit or interest for the period of delay. The undertaking must be filed with the registrar within four weeks. The application was allowed and the civil application disposed.

Issues considered

Whether a delay of 3,527 days in filing a first appeal can be condoned under civil procedure law
Whether the court can impose a condition that the applicants forgo statutory benefits and interest as a term of condonation

Subjects

condonation of delay
first appeal
statutory benefit
interest
civil procedure
high court

Judgment

2026:BHC-AUG:38392


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 1385 OF 2026
                                      IN FAST/35856/2025

                       KAILAS ANANDA PATHARE AND OTHERS
                                          VERSUS
               THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
                                  BEED AND ANOTHER
                                              ...
                     Advocate for Applicants : Mr. Jayabhar Dattatraya R.
                       AGP for Respondent No. 1 : Ms. Preeti Diggikar
                                              …

                                        CORAM : MANJUSHA DESHPANDE, J.

                                         DATE     : 20th AUGUST, 2026

              PER COURT :

              1.           This Civil Application is for condonation of delay of 3527

              days in filing the First Appeal.

              2.           The reasons for delay have been explained by the Applicants

              in paragraph nos. 5 and 6, of the Application stating that the Applicants /

              interested persons are not aware of the legal procedure and the delay is

              also on account of financial constraints faced by the Applicants. The

              position of law in this regard is settled. Only due to the delay, the

              statutory rights of the Claimants cannot be denied.

              3.           Considering the explanation given by the Applicants, the

              delay is condoned subject to condition that the Claimants shall give an
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undertaking before this Court that they will not claim statutory benefit as

well as interest for the delayed period in approaching this Court. This

undertaking be given by the Applicants to the satisfaction of the Registrar

(Judicial), of this Court within a period of four weeks.

4.           In view of the aforementioned observations, the Application

is allowed in terms of prayer clause 'B'.

5.           The Civil Application stands disposed of.




                                      ( MANJUSHA DESHPANDE, J. )




SPC

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