Bombay High Court

SITARAM BHAURAO KENDHALE (DIED) THR. LRS. LILAVATI SITARAM KENDHALE 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 delay but barred the applicants from claiming interest or statutory benefits for the delayed period.

Summary

The High Court of Bombay, Aurangabad Bench, considered six separate civil applications seeking condonation of delay in filing first appeals against orders of the Collector, Jalna. The applicants admitted that the delays, ranging from 859 to 2,183 days, were attributable to their own lapses but offered to forgo interest and statutory benefits for the delayed period. The respondents did not contest the averments but pointed out the applicants' lapses. The Court examined whether the delay could be condoned under the principles of equity and procedural law. It held that the delay is condoned on the condition that the applicants shall not be entitled to claim interest or statutory benefits for the period of delay, except that no forfeiture of benefit applies to applications No. 3405/2025 and 4011/2025. Consequently, the first appeals were ordered to be registered and the civil applications were disposed.

Issues considered

Whether the delay in filing the first appeal can be condoned despite being attributable to the applicants.
Whether the applicants are entitled to claim interest and statutory benefits for the period of delay.

Subjects

condonation of delay
first appeal
interest
statutory benefits
civil procedure

Judgment

2026:BHC-AUG:6511

1 79 to 85 ca 13263.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

79 CIVIL APPLICATION NO. 13263 OF 2024
IN
FIRST APPEAL STAMP NO. 20836 OF 2024

Ganpat Ramsing Rathod .. Applicant
Versus
The State of Maharashtra, through
Collector Jalna and others .. Respondents

Shri S. M. Kakde, Advocate for the Applicant.
Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 to 3.

AND
80 CIVIL APPLICATION NO. 13977 OF 2024
IN
FIRST APPEAL STAMP NO. 28144 OF 2024

Sitaram Bhaurao Kendhale
Since deceased through his L.Rs.
Lilavati Sitaram Kendhale and others .. Applicants
Versus
The State of Maharashtra, through
Collector Jalna and others .. Respondents

Shri S. M. Kakde, Advocate for the Applicants.
Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 to 3.

AND
81 CIVIL APPLICATION NO. 13984 OF 2024
IN
FIRST APPEAL STAMP NO. 30068 OF 2024

Sangita Sarjerao Khandare .. Applicant
Versus
The State of Maharashtra, through
Collector Jalna and others .. Respondents
2 79 to 85 ca 13263.24

Shri S. M. Kakde, Advocate for the Applicant.
Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 to 3.

AND
83 CIVIL APPLICATION NO. 1414 OF 2025
IN
FIRST APPEAL STAMP NO. 28139 OF 2024

Ganesh Maroti Sontakke .. Applicant
Versus
The State of Maharashtra, through
Collector Jalna and others .. Respondents

Shri S. M. Kakde, Advocate for the Applicant.
Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 to 3.

AND
84 CIVIL APPLICATION NO. 3405 OF 2025
IN
FIRST APPEAL STAMP NO. 1955 OF 2025

Balchand Rekhaa Rathod
since deceased through his L.Rs.
Lakshmibai (died) through L.Rs.
Raju Balchand Rathod and another .. Applicants
Versus
The State of Maharashtra, through
Collector Jalna and others .. Respondents

Shri S. M. Kakde, Advocate for the Applicants.
Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 to 3.

AND
85 CIVIL APPLICATION NO. 4011 OF 2025
IN
FIRST APPEAL STAMP NO. 4405 OF 2025

Dnyaneshwar Ramdas Rathod .. Applicant
Versus
The State of Maharashtra, through
3 79 to 85 ca 13263.24

Collector Jalna and others .. Respondents

Shri S. M. Kakde, Advocate for the Applicant.
Shri S. N. Morampalle, A.G.P. for the Respondent Nos. 1 to 3.

CORAM : SHAILESH P. BRAHME, J.
DATE : 12TH FEBRUARY, 2026.

FINAL ORDER :

. Common order can be passed in all these applications for
condonation of delay.

2. Following are the material particulars which tendered by
the applicants.
Sr. Name of Applicant Civil Appln. Number Date of filing Date of 01st
No. No. of days order
delay
1 Ganpat Ramsing Rathod 13263/2024 2038 02/08/2024 08/08/2025
2 Sitaram Bhaurao Kendhale 13977/2024 859 07/10/2024 08/08/2025
3 Sangita Sarjerao Khandare 13984/2024 2020 22/10/2024 08/08/2025
4 Ganesh Maroti Sontakke 1414/2025 859 07/10/2024 08/08/2025
5 Balchand Rekha Rathod 3405/2025 2183 15/01/2025 08/08/2025
(Died)
6 Dnyaneshwar Ramdas Rathod 4011/2025 959 06/02/2025 08/08/2025

3. In the matters in which delay is sought to be condoned, the
averments of the applications have not been controverted by the
respondents. Applicants are ready to give up interest and
statutory benefits for the delayed period.

4. Learned A. G. P. for the respondents – acquiring body point
out that there are lapses on the part of the applicants, which can
4 79 to 85 ca 13263.24

be seen from above chart, which are attributable to the
applicants.

5. For the reasons stated in the applications, the applications
are allowed. The delay stands condoned subject to condition that
the applicants shall not be entitled to claim interest and
statutory benefits for the delayed period as well as for the period
of lapses from the date of filing of applications till the date of
first order as shown in the above referred chart. Office shall
register the first appeals. The civil applications are disposed of.

6. It is clarified that no forfeiture of benefit of lapses is
applicable in the matters bearing Civil Application No. 3405 of
2025 and Civil Application No. 4011 of 2025.

[ SHAILESH P. BRAHME J. ]

bsb/Feb. 26

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