Bombay High Court

YESHWANT BAPURAO YEREWAD (DIED) THR LRS LIMA AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

A delay of 4,867 days may be condoned if no malafide intent is shown, but the applicants are barred from claiming interest or statutory benefits for the delayed period.

Summary

The applicants filed a civil application seeking condonation of a 4,867‑day delay in preferring an appeal. The respondents opposed, alleging the applicants deliberately delayed knowing the decision. The court found no evidence of malafide intent and noted the applicants were willing to forgo interest and statutory benefits for the delayed period. Consequently, the court condoned the delay on the condition that the applicants would not be entitled to any interest or statutory benefits accrued during the delay. Additionally, the court ordered notice to be issued to the proposed legal heirs of respondent No.4/2, to be returned by 23 March 2026.

Issues considered

Whether a delay of 4,867 days in preferring an appeal can be condoned under the applicable limitation provisions.
Whether the applicants are entitled to interest and statutory benefits for the period of delay if condonation is granted.

Subjects

condonation of delay
appeal
interest
statutory benefits
civil application
notice to legal heirs
limitation

Judgment

                                      (1)                       96 CA 16792 OF 2022


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                  96 CIVIL APPLICATION NO. 16792 OF 2022
                             IN FAST/28247/2022
                                    WITH
                    CIVIL APPLICATION NO. 1855 OF 2026
                             IN FAST/28247/2022

      YESHWANT BAPURAO YEREWAD (DIED) THR LRS LIMA AND ANR
                                    VERSUS
                   THE STATE OF MAHARASHTRA AND ORS
                                      …
Mr. Shubham Madhavrao Kakde, Advocate for Applicants
Mr. N. D. Raje, AGP for Respondent Nos.1 and 2/State
Mr. V. C. Solshe, Advocate for Respondent No.3
                                      …

                                 CORAM      : SHAILESH P. BRAHME, J.
                                 DATE       : 20.02.2026

PER COURT :-
CIVIL APPLICATION FOR DELAY

.             The applicants seek to condone delay of 4867 days in preferring

the appeal.

2.            The learned counsel for the acquiring body vehemently opposes

the application. It is contended that there is oblique motive on the part of the

applicants and they were aware of the decision but deliberately failed to file

the appeal in time.

3.            The averments of the application have not been traversed by the
                                      (2)                        96 CA 16792 OF 2022


respondents. There is no reason to infer any malafides on the part of the

applicants. They are ready to give up the interest and statutory benefits for the

delayed period.

4.          The delay stands condoned on condition that the applicants shall

not be entitled to the interest and statutory benefits for the delayed period.

CIVIL APPLICATION FOR LRS

5.          Issue notice to the proposed legal heirs of respondent no.4/2,

returnable on 23.03.2026.



                                                    ( SHAILESH P. BRAHME, J. )
PRW

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