Bombay High Court

PIRAJI GANPAT THORATversusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALNA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The court allowed the application, condoned the 859‑day delay, but held that the applicant is not entitled to interest or statutory benefits for the delayed period.

Summary

Piraji Ganpat Thorat filed a civil application (No. 13974 of 2024) against the State of Maharashtra and others. The applicant sought relief concerning a delayed appeal. The court, after hearing counsel, allowed the application and condoned the 859‑day delay in filing the appeal. However, the court expressly held that the applicant would not be entitled to claim interest or any statutory benefits for the period of delay, even if he succeeds on the merits of the appeal. The matter was disposed of following these orders.

Issues considered

Whether the 859‑day delay in filing the appeal can be condoned under the procedural law
Whether the applicant is entitled to interest and statutory benefits for the period of delay

Subjects

delay condonation
civil procedure
interest entitlement
statutory benefits
High Court of Bombay

Judgment

2026:BHC-AUG:34087




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                     922 CIVIL APPLICATION NO. 13974 OF 2024 INFAST/28210/2024

                                         Piraji Ganpat Thorat
                                                VERSUS
                      The State Of Maharashtra, Through The Collector, Jalna And
                                                   Ors
                                                    ...
                     Advocate for Applicant : Mr. S. M. Kakde
                     AGP for Respondents: Mr. S.P. Sonpawale

                                          CORAM : S. G. CHAPALGAONKAR, J.
                                         Dated     : August 06, 2026

                     PER COURT :-
                     1.      Heard learned advocates appearing for respective
                     parties. Learned AGP wives notice for respondent no.3.

                     2.      Considering submissions advanced and reasons as
                     stated, application is allowed. Delay of 859 days caused in
                     filing the appeal is condoned. Application stands disposed of.

                     3.      Needless to state here that applicant shall not be
                     entitled to claim the interest and statutory benefits for
                     delayed period, in case he succeeds in appeal.


                                                    ( S. G. CHAPALGAONKAR, J. )
                                                   ...




                     aaa/-

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