Bombay High Court

THE STATE OF MAHARASHTRAversusDEVIDAS TATYA MANE DIED HIS LRS WACHALABAI DEVIDAS MANE AND ORS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

A delay of 208‑209 days in filing a first appeal is condonable where it is not deliberately caused and justice requires it.

Summary

The State filed civil applications seeking condonation of 208‑209 day delays in filing first appeals against a judgment favoring Vinayak Shankarrao Mane. The State’s Advocate General explained the delay was due to awaiting directions from the Law and Judiciary Department. The court held that the delay was not deliberate and, in the interest of justice, should be condoned, allowing the applications and disposing of them. Separate applications for a stay of execution were filed, but the claimant was absent and the State could not confirm deposit of compensation; the court deemed these applications infructuous and disposed of them. Notices were issued for final hearing of the first appeals scheduled for 27‑Feb‑2026.

Issues considered

Whether a delay of over 200 days in filing a first appeal can be condoned under procedural law.
Whether applications seeking a stay of execution are maintainable when the claimant is absent and compensation is presumed paid.

Subjects

condonation of delay
first appeal
civil procedure
stay of execution
infructuous application
interest of justice

Judgment

2026:BHC-AUG:4705


                                                                       41-ca-16390-2010+
                                                   -1-

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 16390 OF 2010 IN FAST/31208/2010
                                      The State Of Mah And Anr
                                               VERSUS
                                      Vinayak Shankarrao Mane
                                                   ...
                Mr. S. G. Joshi, AGP for Applicant-State
                                                WITH
                   CIVIL APPLICATION NO. 16391 OF 2010 IN FAST/31208/2010
                                                WITH
                   CIVIL APPLICATION NO. 16393 OF 2010 IN FAST/31214/2010
                                                WITH
                   CIVIL APPLICATION NO. 16392 OF 2010 IN FAST/31214/2010

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 02ND FEBRUARY, 2026
                PER COURT :-

                CIVIL APPLICATION NO. 16390 OF 2010
                CIVIL APPLICATION NO. 16392 OF 2010

                1.         These are the applications filed for condonation of delay of

                209 and 208 days respectively caused for filing the respective First

                Appeals.

                2.         Learned AGP for the applicant-State submitted that the time

                was consumed in obtaining the necessary directions from the Law and

                Judiciary Department, and therefore, the delay is occurred. He lastly

                prayed to allow the applications and condone the delay.

                3.         Upon perusal of the application this Court is of the view that

                the respective delay is not deliberately caused and applications

                deserve to be allowed in the interest of justice. Hence, the following

                order:
                                                        41-ca-16390-2010+
                                  -2-

                                ORDER

a.       Both the Civil Applications are allowed.

b.       Delay 209 and 208 days respectively caused for filing the

respective First Appeals is condoned.

c.       Both the Civil Applications are disposed of.



CIVIL APPLICATION NO. 16391 OF 2010
CIVIL APPLICATION NO. 16393 OF 2010

1.       Both these applications are filed for granting stay to the

execution and operation of the impugned judgment and award.

2.       Perused the applications. Heard learned AGP for the

appellant-State. The claimant is absent.

3.       Learned AGP for the appellant-State is unable to state

whether the amount has been deposited in this Court or in the learned

Reference Court. However, considering the fact that the applications

were filed in the year 2010, the respective claimants must have

received the amount of compensation. There is no point in keeping

these applications pending; hence, the following order:

                                ORDER

a.       Civil Applications are disposed of as infructuous.
                                                         41-ca-16390-2010+
                                     -3-

FIRST APPEAL ST. NO.31208 OF 2010

FIRST APPEAL ST. NO.31214 OF 2010

1.           Issue notice to the respondents for final hearing, returnable

on 27.02.2026.

2.           Call Record and Proceedings.



                                              (SANJAY A. DESHMUKH, J.)

Rushikesh/2026

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