Bombay High Court
RAMA GAJMAL KOLI (DIED) SHANTARAM RAMA KOLI (DIED) THR THEIR LRS NALINI AND ORS.versusTHE DISTRICT COLLECTOR JALGAON AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court condoned the 1,353‑day delay in filing the appeal, subject to the petitioners furnishing an undertaking not to claim interest or statutory benefits for the delayed period.
Summary
The petitioners, heirs of the deceased Rama Gajmal Koli, filed an application seeking condonation of a 1,353‑day delay in filing their appeal against the order of the District Collector, Jalgaon. The Court examined the reasons for the delay as set out in the petition. While acknowledging the substantial length of the delay, the Court considered the submissions and found merit in allowing the condonation. It conditioned the condonation on the petitioners filing an undertaking with the Registrar that they would not claim interest or any statutory benefits for the period of delay. The undertaking must be filed within six weeks from the date of the order. Consequently, the application for condonation was allowed subject to the stipulated condition.
Issues considered
- Whether a delay of 1,353 days in filing an appeal can be condoned under the provisions of the Civil Procedure Code
Subjects
- condonation of delay
- appeal
- interest
- statutory benefits
- undertaking
- civil procedure
Judgment
2026:BHC-AUG:24901
991-ca-3038-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 3038 OF 2026
IN FAST/5247/2026
Rama Gajmal Koli (died) Shantaram Rama Koli (died) Thr Their Lrs
Nalini And Ors.
VERSUS
The District Collector Jalgaon And Ors.
...
Advocate for Applicants : Mr. Patil Jitendra Vijay
AGP for Respondent/State : Mr. C.V. Bhadane
Advocate for Respondent No.4 : Ms. Snehal Kulkarni
...
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 1353 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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