Created by Fuzzy Cloud

Bombay High Court

SANGPAL SAWALA BUVA.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST. COLLECTOR, OSMANABAD AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The delay of 5,646 days is condoned on the condition that successful applicants will not be entitled to interest or statutory benefits for the delayed period.

Summary

The applicants sought condonation of a 5,646‑day delay in filing their appeals, while the State also filed parallel appeals challenging the same judgment. The court noted that there was no dispute that both the applicants' and the State's appeals could be dealt with at the admission stage. Considering the reasons presented, the court deemed it appropriate to condone the delay, but imposed a condition that any successful applicant would not be entitled to interest or statutory benefits for the period of delay. Consequently, the civil applications for condonation were disposed of. The court also directed that the pending appeals be listed for hearing on a specified date.

Issues considered

  • Whether a delay of 5,646 days in preferring appeals can be condoned
  • Whether condonation can be conditioned on denial of interest and statutory benefits if the appeal succeeds

Subjects

  • condonation of delay
  • appeals
  • interest
  • statutory benefits
  • civil procedure
  • high court

Judgment

2026:BHC-AUG:10238
                                                                             34 CA 2642 26+.odt

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               34 CIVIL APPLICATION NO. 2642 OF 2026
                                          IN FAST/4970/2026
                                                WITH
                                CIVIL APPLICATION NO. 2644 OF 2026
                                           IN FAST/4964/2026
                                                WITH
                                CIVIL APPLICATION NO. 2643 OF 2026
                                          IN FAST/4968/2026

                                 SANGPAL SAWALA BUVA.
                                          VERSUS
              THE STATE OF MAHARASHTRA THROUGH THE DIST. COLLECTOR,
                                  OSMANABAD AND ORS.
                                              ...
                   Advocate for Applicant : Mr. Birajdar Someshwar Sanjay
                            AGP for Respondents: Mr. N. D. Raje
                                              ...
                                     CORAM               :   SHAILESH P. BRAHME, J.

                                     DATE                : 09.03.2026


             PER COURT :

                      Issue notice to the respondents. Learned A.G.P. waives service for the
             respondents/State.

             2.       The applicants seek to condone delay of 5646 days in preferring
             appeals. It is informed that the State has also preferred appeals challenging
             self-same impugned judgment and award and after condonation of delay,
             those are pending for admission.

             3.       There is no dispute that these matters as well as appeals preferred by
             the State are covered and can be disposed of at the admission stage.

             4.       For the reasons stated in the applications, it is desirable to condone
             delay.

                                                                                           1/2
                                                             34 CA 2642 26+.odt

5.      The delay stands condoned on condition that if, in case, the
applicants/claimants succeed in their appeals they shall not be entitled to
interest and statutory benefits for the delayed period.

6.      Civil Applications are disposed of.

7.      List present appeals along with First Appeals No. 2804/2024,
2807/2024, 2802/2024 on 08.04.2026.



                                        ( SHAILESH P. BRAHME, J.)




mkd/-




                                                                           2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.