Created by Fuzzy Cloud

Bombay High Court

KAWAJI RAWAJI SONGAL AND ORSversusTHE STATE OF MAHARASHTRA THR COLLECTOR, AHMEDNAGAR AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

Delay in filing the appeals was condoned, but the claimants were not entitled to interest or statutory benefits for the delayed period.

Summary

The petitioners filed applications seeking condonation of delay in filing their appeals against the State of Maharashtra. Both sides were heard, and the court noted that similar delays had been condoned in related appeals. Relying on the reasons set out in the applications, the court allowed the condonation of delay as per Prayer Clause B. However, the court held that the claimants would not be entitled to any interest or statutory benefits for the period of delay. Consequently, the applications were disposed of with the condonation granted but without any monetary relief.

Issues considered

  • Whether the delay in filing the appeals can be condoned under the applicable procedural law?
  • Whether the claimants are entitled to interest or statutory benefits for the period of delay?

Subjects

  • condonation of delay
  • appeal
  • interest
  • statutory benefits
  • civil procedure
  • high court

Judgment

2026:BHC-AUG:34573
                                                                               913 Delays.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      913 CIVIL APPLICATION NO.13942 OF 2021
                                 IN FAST/32748/2021
                          Pandu Bhoru Khadke and Ors.
                                    VERSUS
           The State Of Maharashtra Thr Collector, Ahmednagar And Ors.
                                       ….
                                     WITH
          CIVIL APPLICATION NO.13948 OF 2021 IN FAST/33084/2021
          CIVIL APPLICATION NO.13946 OF 2021 IN FAST/33088/2021
          CIVIL APPLICATION NO.13944 OF 2021 IN FAST/33081/2021
                                      …..
          Mr. G. B. Rajale h/f Mr. R. K. Temkar, Advocate for the respective Applicants /
          Claimants
          Mr. S. M. Ganachari, AGP for the Respondents – State in Appeals by State
                                              …..
                                             CORAM :         NEERAJ P. DHOTE, J.
                                             DATE        :   06.08.2026
          PER COURT :

          1.      These are the Applications for condonation of delay in filing
          the Appeals by the Original Claimants.

          2.      Heard both the sides.

          3.      The similar extent of delay has been condoned in the
          connected Appeals.

          4.      For     the   reasons   mentioned    in    the   Applications,       the
          Applications are allowed in terms of Prayer Clause – ‘B’.

          5.      The Claimants shall not be entitled for the interest and
          statutory benefits for the delayed period.

          6.      The Applications are stand disposed off accordingly.



                                                       [NEERAJ P. DHOTE, J.]

          Sameer/August-2026                    1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.