Bombay High Court
SANGITA RUSHIKUMAR WAGHMAREversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The Court condoned the delay in preferring the first appeals but denied any interest or statutory benefits to the petitioners for the delayed period.
Summary
The petitioners filed three civil applications seeking condonation of delay in preferring first appeals, acknowledging lapses in securing first orders and offering to forgo interest and statutory benefits for the delayed period. The State respondents contested entitlement to interest and statutory benefits. The Court examined the material particulars, found no malafides, and considered the lapses marginal and condonable. It ordered that the delay be condoned but held that the petitioners shall not receive interest or statutory benefits for the period of delay or lapses. Consequently, the first appeals were admitted, and the applications for condonation were allowed.
Issues considered
- Whether the delay in preferring first appeals can be condoned under the applicable procedural law.
- Whether the petitioners are entitled to interest and statutory benefits for the period of delay and lapses.
Subjects
- condonation of delay
- first appeal
- interest
- statutory benefits
- civil procedure
- High Court
Judgment
2026:BHC-AUG:3281
1 43-CA.2422-25 (43,44,45).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
43 CIVIL APPLICATION NO. 2422 OF 2025
IN FAST/1868/2025
SANGITA RUSHIKUMAR WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
JALNA AND ORS.
AND
44 CIVIL APPLICATION NO. 2757 OF 2025
IN FAST/1941/2025
DILIP UTTAM RATHOD AND ORS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
JALNA AND ORS.
AND
45 CIVIL APPLICATION NO. 2768 OF 2025
IN FAST/1899/2025
NAGORAO SHRIPATI WAGHMARE (DIED) THR. LRS
PRABHAKAR NAGORAO WAGHMARE AND ORS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
JALNA AND ORS.
...
Advocate for Applicants in all : Mr. Kakde S. M.
AGPs for Respondent/s-State : Mr. S. V. Hange, Mr. S. N.
Morampalle, Mr. N. D. Raje, respectively.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 23.01.2026
PER COURT :-
1. Applicants seek to condone delay in preferring first
appeals.
2 43-CA.2422-25 (43,44,45).odt
2. There are lapses on the part of the applicants also in
securing first order after filing of the applications. Applicants
are ready to forego interest and statutory benefits for the
delayed period.
3. Following are the material particulars necessary to
decide the applications :
Sr. Civil Application No. No. of Date of Filing Date of 1st
No. Days application order date
Delay
43 2422/2025 960 15/01/2025 19/08/2025
44 2757/2025 1881 15/01/2025 19/08/2025
45 2768/2022 652 15/01/2025 19/08/2025
4. The applications are contested by respondents. It is
submitted that applicants are not entitled to interest and
statutory benefits for the delayed period as well as period of
lapses.
5. The averments of the applications have not been
controverted. There is no reason to infer any malafides. In
present first appeals the lapses are marginal and condonable.
The delay stands condone on condition that applicants shall
not be entitled to interest and statutory benefits for the delayed
period as well as period of lapses from the date of filing of
application to date of securing first order.
3 43-CA.2422-25 (43,44,45).odt
6. Civil applications for delay are allowed.
First Appeals
7. Admit.
8. Learned AGPs waive service of notice for the
respondents/State Authorities.
9. Call for Record and Proceedings from the concerned
Court.
10. Print is dispensed with.
11. The appellants shall not be entitled to interest and
statutory benefits for the delayed period as well as period of
lapses.
(SHAILESH P. BRAHME, J.)
...
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