Bombay High Court
SAKHUBAI MAHADU BARTAD (DIED) MAHADU (DIED) THR LRS GOVIND AND ORSversusTHE STATE OF MAHARASHTRA THR COLLECTOR, AHMEDNAGAR AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the delay in filing the appeals but denied any entitlement to interest or statutory benefits.
Summary
The petitioners filed applications seeking condonation of delay in filing their appeals against the State of Maharashtra. The High Court examined the reasons for the delay and noted that similar delays had been condoned in related appeals. The Court allowed the applications for condonation of delay as per Prayer Clause B, but held that the petitioners 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. The decision underscores the Court's discretion to condone procedural delays while denying ancillary benefits.
Issues considered
- Whether the delay in filing the appeals can be condoned under the applicable procedural law
- Whether the petitioners are entitled to interest or statutory benefits for the period of delay
Subjects
- condonation of delay
- civil procedure
- interest
- statutory benefits
- appeal
Judgment
2026:BHC-AUG:34571
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
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