Bombay High Court

RAMNATH EKNATH GAWALI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR AHMEDNAGAR AND ORS.

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

Holding

The delay of 6,589 days is condoned, but the applicants are not entitled to interest or statutory benefits for the delayed period.

Summary

The applicants, a group of landowners, filed multiple civil applications seeking condonation of a delay of 6,589 days in preferring their appeals against orders of the State of Maharashtra. The Court examined the applications and found that the factual averments were not contested and there was no indication of any ulterior motive on the part of the applicants. The applicants expressed willingness to forgo any interest or statutory benefits that might have accrued during the delayed period. Accordingly, the Court exercised its discretion to condone the delay, but imposed a condition that the applicants would not be entitled to any interest or statutory benefits for the period of delay. The order was passed without requiring service of notice to the State and without printing the record.

Issues considered

Whether a delay of 6,589 days in preferring appeals can be condoned under the applicable procedural law.
Whether the applicants are entitled to interest and statutory benefits for the period of delay if the delay is condoned.

Subjects

condonation of delay
interest
statutory benefits
civil appeals
high court

Judgment

                             (1)                     141 CA 178 OF 2026


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

             141 CIVIL APPLICATION NO. 178 OF 2026
                       IN FAST/38609/2025

               RAMNATH EKNATH GAWALI AND ORS.
                              VERSUS
    THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR
                     AHMEDNAGAR AND ORS.
                               WITH
                CIVIL APPLICATION NO. 180 OF 2026
                        IN FAST/38612/2025

 SHIVRAM AHILAJI BANDAL (DIED) THR. HIS LRS MANSUB (DIED) THR.
                     LRS ASHABAI AND ORS.
                             VERSUS
   THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR
                    AHMEDNAGAR AND ANR.
                              WITH
               CIVIL APPLICATION NO. 181 OF 2026
                       IN FAST/38602/2025

          KADUBAL S/O. RANGNATH NAGAWADE @ NAGODE.
                              VERSUS
    THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR
                     AHMEDNAGAR AND ORS.
                               WITH
                CIVIL APPLICATION NO. 179 OF 2026
                        IN FAST/38606/2025

               BANSI S/O. GANPAT NAGAWADE @ NAGODE.
                                  VERSUS
     THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR
                         AHMEDNAGAR AND ANR.
                                      …
Mr. S. A. Nagode, Advocate for Applicants
Mr. S. N. Morampalle, AGP for Respondent/s-State
                                      …
                                         (2)                        141 CA 178 OF 2026




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

PER COURT :-
.              The applicants seek to condone delay of 6589 days in preferring

the appeals.

2.             The averments of the applications are not controverted. There is

no reason to infer any oblique motive on the part of the applicants. They are

ready to give up the interest and statutory benefits for the delayed period.

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

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

FIRST APPEALS STAMP NO.

4.             Admit.   Learned    AGP    waives   service    of   notice    for    the

respondent/s-State.

5.             Call for Record and Proceeding. Print is dispensed with.

6.             The appellants shall not be entitled to the interest and statutory

benefits for the delayed period.



                                                     ( SHAILESH P. BRAHME, J. )
PRW

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