Bombay High Court
KASHINATH MANOHAR RAJBINDE DIED THR. LRS DWARKA KASHINATH RAJBINDE AND ORSversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS
- Disposal
- DISPOSED OFF
- Bench
- SHAILESH P BRAHME
Holding
Delay is condoned conditionally, but applicants are barred from claiming interest or statutory benefits for the delayed period (and for lapses in the two specified applications).
Summary
A group of heirs filed multiple civil applications seeking condonation of delay ranging from 3,167 to 4,754 days in preferring first appeals against the State of Maharashtra. The State contested the applications, but the court found no evidence of mala‑fides and noted the applicants were willing to surrender interest and statutory benefits for the delayed period. The court therefore condoned the delay, subject to the condition that the applicants would not be entitled to claim interest or statutory benefits for the period of delay. For two specific applications (Civil Application Nos. 3477 and 3478 of 2026) the court further barred any benefits for the period of lapses from filing to the first order. The court ordered the registration of the first appeals and disposed of the civil applications.
Issues considered
- Whether delay of over 3,000 days in filing first appeals can be condoned under procedural law.
- Whether applicants are entitled to interest and statutory benefits for the period of delay.
- Whether lapses between filing of the application and securing the first order affect entitlement to benefits.
Subjects
- condonation of delay
- first appeal
- interest
- statutory benefits
- civil procedure
- Maharashtra
Judgment
2026:BHC-AUG:16935
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 14036 OF 2024
IN
FIRST APPEAL STAMP NO. 26264 OF 2024
Kashinath Manohar Rajbinde
Since deceased through his L.Rs.
Dwarka Kashinath Rajbinde and others .. Applicants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 3477 OF 2026
IN
FIRST APPEAL STAMP NO. 6019 OF 2022
Devidas Bhaurao Karpe
Since deceased through his L.Rs.
Chaturabai Karpe and others .. Applicants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 3478 OF 2026
IN
FIRST APPEAL STAMP NO. 6013 OF 2022
Sopan Bapurao Rajbinde
Since deceased through his L.Rs.
Ramkala Sopan Rajbinde and others .. Applicants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 4191 OF 2024
2 930 ca 14036.24 + group
IN
FIRST APPEAL STAMP NO. 2346 OF 2024
Shivaji Govindrao Panage .. Applicant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 2755 OF 2025
IN
FIRST APPEAL STAMP NO. 2340 OF 2024
Vikram Babpurao Choudhary
and another .. Applicants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 13224 OF 2025
IN
FIRST APPEAL STAMP NO. 24695 OF 2025
Prakash Babasaheb Kharat .. Applicant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 12551 OF 2025
IN
FIRST APPEAL STAMP NO. 24688 OF 2025
Indar Babasaheb Kharat .. Applicant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
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CIVIL APPLICATION NO. 4196 OF 2024
IN
FIRST APPEAL STAMP NO. 2354 OF 2024
Sundar Abhiman Rajbinde
Since deceased through his L.Rs.
Indrabai and others .. Applicants
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 2763 OF 2025
IN
FIRST APPEAL STAMP NO. 1761 OF 2024
Shahurao Bapurao Rajbinde .. Applicant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 4167 OF 2024
IN
FIRST APPEAL STAMP NO. 1934 OF 2024
Asaram Shrirangrao Chavhal .. Applicant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 4293 OF 2024
IN
FIRST APPEAL STAMP NO. 2345 OF 2024
Govind Ashroba Panage .. Applicant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
4 930 ca 14036.24 + group
WITH
CIVIL APPLICATION NO. 4291 OF 2024
IN
FIRST APPEAL STAMP NO. 2353 OF 2024
Dinkar Tryambak Rajbinde .. Applicant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
WITH
CIVIL APPLICATION NO. 14044 OF 2024
IN
FIRST APPEAL STAMP NO. 26261 OF 2024
Rustum Bapurao Rajbinde .. Applicant
Versus
The State of Maharashtra, through the
Collector, Jalna and others .. Respondents
Shri D. A. Bide, Advocate for the Applicants in all matters.
Shri S. V. Hange, A.G.P. for the Respondent Nos. 1 and 2 in all
matters.
Shri S. G. Bhalerao, Advocate for the respondent No. 3 in all
matters.
CORAM : SHAILESH P. BRAHME, J.
DATE : 18TH APRIL, 2026.
FINAL ORDER :
. Heard learned counsel for the applicants, learned A. G. P.
for the respondents/State and the learned counsel for the
acquiring body.
2. Applicants seek to condone delay ranging from 3167 to
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4754 days caused in preferring first appeals. For the reasons
stated in the applications the delay is sought to be condoned. It
is further contended that appeals can be decided finally because
these are the covered matters by earlier view taken by this
Court.
3. The applications are contested by the respondents.
4. The averments of the applications have gone
uncontroverted. There is no reason to infer any mala-fides on
the part of the applicants. They are ready to give up interest and
statutory benefits for the delayed period. In case of lapses on the
part of the applicants, especially in Civil Application No. 3478 of
2026 in First Appeal Stamp No. 6013 of 2022 and Civil
Application No. 3477 of 2026 in First Appeal Stamp No. 6019 of
2022, they are not entitled to benefits for the period of lapses
also.
5. For the reasons stated in the applications, the delay stands
condoned on condition that applicants shall not be entitled to
claim interest and statutory benefits for the delayed period.
6. In Civil Application No. 3478 of 2026 in First Appeal
Stamp No. 6013 of 2022 and Civil Application No. 3477 of 2026
in First Appeal Stamp No. 6019 of 2022 the delay stands
condoned on condition that applicants shall not be entitled to
claim interest and statutory benefits for the delayed period as
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well as for the period of lapses from filing of application till
securing of the first order.
7. Office shall register the first appeals. The civil
applications are disposed of.
[ SHAILESH P. BRAHME J. ]
bsb/April 26
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