Bombay High Court
SANGPAL SAWALA BUVA.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST. COLLECTOR, OSMANABAD AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
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.
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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/-
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