Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE DIST. COLLECTOR, LATUR AND OTHERSversusSHIVAJI MADHAVRAO SUDE

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The court condoned the delay in filing the appeals and allowed the civil applications, while adjourning the stay application for further compliance.

Summary

The State of Maharashtra, through the District Collector of Latur, filed multiple civil applications seeking condonation of delay of 267 and 270 days in filing appeals, citing administrative reasons. The applications were heard before Justice S. G. Chapalgaonkar, who examined the explanations provided for the delay. The court held that the delay was satisfactorily explained and consequently allowed the civil applications, condoning the delay and ordering the appeals to be registered after removal of office objections. In a separate application for a stay, the Assistant Government Pleader requested a short adjournment to obtain instructions regarding non‑deposit of a sum ordered by the court on 10.03.2026, directing the concerned officer to file an affidavit if the amount remained unpaid. The matter was stood over to 30.07.2026 for further compliance.

Issues considered

Whether the delay of 267 and 270 days in filing the appeals can be condoned under the Civil Procedure Code.
Whether a stay should be granted pending clarification on the non‑deposit of the amount ordered by the court.

Subjects

delay condonation
Civil Procedure Code
stay of execution
appeal registration
administrative delay

Judgment

                                                   993 CA 2741 26+.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

              993 CIVIL APPLICATION NO. 2741 OF 2026
                         IN FAST/5388/2026
                               WITH
                CIVIL APPLICATION NO. 2745 OF 2026
                         IN FAST/5394/2026
                               WITH
                CIVIL APPLICATION NO. 2748 OF 2026
                         IN FAST/5398/2026
                               WITH
                CIVIL APPLICATION NO. 2740 OF 2026
                         IN FAST/5388/2026
                               WITH
                CIVIL APPLICATION NO. 2742 OF 2026
                         IN FAST/5401/2026
                               WITH
                CIVIL APPLICATION NO. 2744 OF 2026
                         IN FAST/5394/2026
                               WITH
                CIVIL APPLICATION NO. 2743 OF 2026
                         IN FAST/5401/2026
                               WITH
                CIVIL APPLICATION NO. 2747 OF 2026
                         IN FAST/5391/2026
                               WITH
                CIVIL APPLICATION NO. 2746 OF 2026
                         IN FAST/5391/2026
                               WITH
                CIVIL APPLICATION NO. 2749 OF 2026
                         IN FAST/5398/2026

THE STATE OF MAHARASHTRA THROUGH THE DIST. COLLECTOR, LATUR
                              AND OTHERS
                                 VERSUS
                      SHIVAJI MADHAVRAO SUDE
                                    ...
                A.G.P. for Applicants : Mrs. R.R. Tandale
  Advocate for Respondents/Claimants : Mr. Adgaonkar Ravibhushan P.
                                    ...
                   CORAM                 : S. G. CHAPALGAONKAR, J.

                  DATE              : 02.07.2026



                                                                   1/2
                                                              993 CA 2741 26+.odt
PER COURT :

         ON CIVIL APPLICATIONS FOR DELAY CONDONATIONS

1.      Heard learned advocates for the respective parties.

2.      The applicants seek to condone delay of 267 and 270 days              in
respective applications, caused in filing appeals. Perused the applications.
Delay is caused on account of administrative reasons. It is duly explained.

3.      In that view of the matter, the Civil Applications are allowed. Delay of
is condoned. Civil Applications are disposed of.

4.      Appeal be registered after removal of the office objections.

        ON CIVIL APPLICATIONS FOR STAY

5.      Learned A.G.P. seeks short accommodation to take instructions as to
why amount is not deposited in this Court as per order dated 10.03.2026. If
the amount is not deposited by the next date, an affidavit contending
reasons, shall be filed by the concerned officer.

6.      Stand over to 30.07.2026.



                                        ( S. G. CHAPALGAONKAR, J.)




mkd/-




                                                                              2/2

Continue reading with your account

Checking your session…