Bombay High Court

NAVALBAI RAMCHANDRA LADE AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay of 3,926 days is condoned subject to the applicants furnishing an undertaking not to claim statutory benefits or interest.

Summary

The applicants sought condonation of a 3,926‑day delay in filing their first appeals. The court noted that no affidavit opposing the delay had been filed by the acquiring body. The applicants offered to give an undertaking that they would not claim any statutory benefits or interest for the delayed period. Considering the explanations provided and the undertaking, the court condoned the delay subject to the condition that the applicants file the undertaking with the Registrar (Judicial). The court also accepted waivers of service of notice by both the State authorities and the acquiring body. Consequently, the civil applications were disposed of.

Issues considered

Whether a delay of 3,926 days in filing an appeal can be condoned under the Civil Procedure Code
Whether an undertaking not to claim statutory benefits or interest is sufficient consideration for condonation

Subjects

delay condonation
civil procedure
statutory benefits
interest
undertaking
service waiver

Judgment

                            1                    997-CA.2064-26.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          997 CIVIL APPLICATION NO. 2064 OF 2026
                     IN FAST/38445/2025

   RAJEDNRA VISHWANATH SHINDE (TAMBARWADE).
                    VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
               OSMANABAD AND ORS.

     WITH CIVIL APPLICATION NO. 2065 OF 2026 IN
 FAST/38598/2025 WITH CIVIL APPLICATION NO. 2066 OF
              2026 IN FAST/38447/2025
                             ...
      Advocate for Applicants : Mr. Patil Laxmikant C.
    AGP for Respondent/s-State : Ms. Dr. Kalpalata Patil
                       Bharaswadkar.
Advocate for Respective Respondent/s : Mr. Shelke Avishkar S.
                             ...

                      CORAM : MANJUSHA A. DESHPANDE, J.
                      DATE : 24.09.2026

PER COURT :-


1.    Although the time was sought by the learned advocate

for the acquiring body to file an affidavit opposing the delay of

3926 days caused in filing the appeals by the claimants. Till

today, no reply has been filed.


2.    Learned advocate for the applicants submits that the

applicants are ready to furnish undertaking that they will not

claim any statutory benefits or interest for the delayed period.
                               2                          997-CA.2064-26.odt


3.      In view of the submissions made by the learned advocate

for the applicants and the reasons for delay been satisfactorily

explained by the applicants in the applications, the delay of

3926 days in filing the first appeals is condoned subject to the

condition that the applicants shall furnish an undertaking to

the Registrar (Judicial) of this Court that they will not claim

any statutory benefits and interest for the delayed period.


4.      With the above conditions, civil applications stand

disposed of.


First Appeals


5.      Admit.


6.      Learned   AGP   waives            service   of   notice   for   the

respondents/State Authorities.            Learned advocate Mr. shelke

waives service of notice for the respondent/acquiring body.


7.      To be heard along with First Appeal No.1893 of 2019

filed by the acquiring body.




                                   (MANJUSHA A. DESHPANDE, J.)

                                    ...

vmk/-

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