Bombay High Court
BABU JAYSING LIMBHORE (DIED) THR LRS JAYSING (DIED) THR LEGAL REPR. PUNABAI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR JALNA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court held that the delay of 2,381 days may be condoned provided the petitioners undertake not to claim interest or statutory benefits for the delayed period.
Summary
The petitioners, represented by the legal heirs of the deceased Babu Jaysing Limbhore, filed an application seeking condonation of a 2,381‑day delay in filing their appeal against the State of Maharashtra. The High Court examined the reasons for the delay as set out in the petition. While acknowledging the extraordinary length of the delay, the Court considered that condonation could be granted if appropriate safeguards were imposed. Accordingly, the Court allowed the application, condoning the delay on the condition that the petitioners file an undertaking not to claim interest or any statutory benefits for the period of delay. The undertaking must be filed with the Registrar (Judicial) within six weeks of the order. The order thus permits the appeal to proceed but limits the relief that can be claimed for the delayed period.
Issues considered
- Whether a delay of 2,381 days in filing an appeal can be condoned under the principles of civil procedure?
Subjects
- condonation of delay
- appeal
- interest
- statutory benefits
- civil procedure
- high court
Judgment
2026:BHC-AUG:24906
990-ca-2649-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 2649 OF 2026
IN FAST/4770/2026
Babu Jaysing Limbhore (died) Thr Lrs Jaysing (died) Thr Legal Repr.
Punabai And Ors.
VERSUS
The State Of Maharashtra Through The Dist Collector Jalna And Ors.
...
Advocate for Applicant : Mr. Koralkar Arun Hanumant
AGP for Respondent/State : Mr. S.J. Salgare
Advocate for Respondent No.3 : Ms. Sunita Shelke
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JUNE 25, 2026
PER COURT :-
1. Heard learned advocates appearing for respective parties.
2. The applicants seek to condone delay of 2381 days
caused in filing appeal.
3. Considering submissions advanced and reasons as stated
in application, delay caused in filing appeal is explained. However,
considering length of delay, application can be allowed by putting
certain conditions.
4. In result, application is allowed. The delay caused in
filing appeal is condoned, subject to condition that applicants shall
furnish an undertaking with Registrar (Judicial) of this Court that
they shall not claim interest and statutory benefits for delayed period.
5. Such undertaking to be filed within a period of six weeks
from today.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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