Bombay High Court
SINDHUBAI LAXMIKANT DESHPANDE AND ANR.versusTHE STATE OF MAHARASHTRA THROUGH THROUGH COLLECTOR JALNA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay, subject to an undertaking that the applicants will not claim any statutory benefit or interest for the delayed period.
Summary
The applicants, who are claimants in first appeals, filed civil applications seeking condonation of a 3,861‑day delay in filing those appeals. The respondents opposed, arguing the delay was inordinate and not properly explained. The applicants clarified they do not seek any statutory benefit or interest for the delayed period. After considering the submissions and the applicants’ readiness to give an undertaking, the court allowed the applications, condoning the delay on the condition that the applicants file an undertaking not to claim any statutory benefit or interest. Consequently, the civil applications were disposed of with the condonation granted subject to the undertaking.
Issues considered
- Whether a delay of 3,861 days in filing a first appeal can be condoned under the Civil Procedure Code.
- Whether the applicants may claim statutory benefit or interest for the period of delay.
Subjects
- condonation of delay
- first appeal
- civil procedure
- undertaking
- statutory benefit
- interest
- High Court of Bombay
Judgment
2026:BHC-AUG:42596
1 916-CA-3420-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
916 CIVIL APPLICATION NO. 3420 OF 2026
IN FAST/7561/2026
Sindhubai Laxmikant Deshpande And Anr.
VERSUS
The State Of Maharashtra Through Through Collector Jalna And Ors.
WITH
CIVIL APPLICATION NO. 3421 OF 2026
IN FAST/7564/2026
Maya Abhay Indurkar.
VERSUS
The State Of Maharashtra Through Collector Jalna And Ors.
...
Mr.A.H. Koralkar for the Applicants.
Ms.Deepali Jape, AGP for Respondent Nos.1 & 2/State.
Mr.Chawre Anand for Respondent No.3.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
CIVIL APPLICATION NO. 3421 OF 2026
1. These Applications have been filed by the Applicants, who
are the claimants in the First Appeals, seeking condonation of delay of
3861 days in filing the First Appeals. The explanation for the delay has
been set out in paragraphs 3 and 4 of the Applications.
2. The Applications are opposed by the learned Advocate
appearing for Respondent No.3 as well as the learned AGP appearing for
Respondent Nos.1 and 2. They submit that the delay has not been
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2 916-CA-3420-2026.odt
properly explained and that there is an inordinate delay of 3861 days.
Hence, according to them, the delay does not deserve to be condoned.
3. The learned Advocate for the Applicants submits that the
Applicants do not claim any statutory benefit or interest for the delayed
period.
4. Considering the submissions made by the learned Advocate
for the Applicants and the readiness of the Applicants to furnish an
undertaking, the Civil Applications are allowed by condoning the delay,
subject to the condition that the Applicants shall furnish an undertaking
before the Registrar (Judicial) of this Court stating that they shall not
claim any statutory benefit or interest for the delayed period.
5. In view thereof, the Civil Applications are disposed of.
[ MANJUSHA DESHPANDE, J. ]
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