Bombay High Court

BABA SANTOBA KAVALE (DIED) THR. LRS PRADIP BABA KAVALEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 991‑day delay but denied the applicant any statutory benefits or interest for the delayed period.

Summary

The applicant, the estate of the deceased Baba Santoba Kavale, filed a civil application seeking condonation of a 991‑day delay in filing a first appeal against a decree. No party contested the application and the court found no malafide intent; the delay was deemed unintentional. The applicant agreed to forgo any statutory benefits and interest accrued during the delayed period. The court, after hearing both sides, allowed the application on the condition that the applicant would not be entitled to statutory benefits or interest for the period of delay. Consequently, the delay was condoned, but the applicant received no monetary relief for the lost time.

Issues considered

Whether a delay of 991 days in preferring a first appeal can be condoned under the Civil Procedure Code

Subjects

condonation of delay
first appeal
Civil Procedure Code
statutory benefits
interest

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

            72 CIVIL APPLICATION NO. 2778 OF 2025
                       IN FAST/5719/2025

 BABA SANTOBA KAVALE (DIED) THR. LRS PRADIP BABA
                     KAVALE
                     VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                 JALNA AND ORS.

                                 ...
     Advocate for Applicant : Mr. Jay R. Raundale h/f Mr. More
                         Kumar Gaurav M.
         AGP for Respondent/s-State : Mr. V. V. Jahagirdar.
                                 ...

                            CORAM :    SHAILESH P. BRAHME, J.
                            DATE :     18.03.2026
PER COURT :-


1.      Heard both sides.


2.      Applicant seeks to condone delay of 991 days in

preferring first appeal.


3.      None appears to contest the application. The contents of

the application have not been controverted. I find no malafides

on the part of the applicant to approach this Court belatedly.

The delay is not intentional. Applicant is ready to forego the

interest and statutory benefits for the delayed period. The

delay stands condone.
4.      Civil application is allowed on condition that applicant

shall not be entitled to statutory benefits and the interest for

the delayed period.


First Appeal


5.      Admit.


6.      Learned AGP waives service of notice for respondents-

State Authorities.


7.      Call for Record and Proceedings from the concerned

Court.


8.      Print is dispensed with.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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