Bombay High Court

JAGDEV BHUJANGRAO MASKE (DIED) THR LRS RAMBHAU JAYDEO MASKE (DIED) THR LRS USHA AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the delay is condonable provided the claimants undertake not to claim any statutory benefits or interest for the delayed period.

Summary

The claimants, agricultural labourers, filed a civil application seeking condonation of a 4,963‑day delay in filing their appeal, citing financial constraints that prevented timely filing. The court examined whether the delay was justified and whether condonation could be granted without prejudice to statutory rights. Relying on the explanation provided and the claimants' socioeconomic status, the court found the reasons for delay to be bona fide. It conditioned condonation on the claimants giving an undertaking not to claim any statutory benefits or interest for the period of delay. Consequently, the court condoned the delay, allowed the civil application, and ordered the first appeal to be listed for admission on 24 September 2026.

Issues considered

Whether a delay of 4,963 days in filing an appeal can be condoned under civil procedure law
Whether the claimants may be required to give an undertaking to forgo statutory benefits or interest during the period of delay

Subjects

condonation of delay
civil appeal
agricultural labourers
statutory benefits
interest
undertaking

Judgment

                                     1                        917-CA-3425-2026.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                  917 CIVIL APPLICATION NO. 3425 OF 2026
                             IN FAST/4760/2026

Jagdev Bhujangrao Maske (died) Thr Lrs Rambhau Jaydeo Maske (died)
                          Thr Lrs Usha And Ors.
                                 VERSUS
       The State Of Maharashtra Through Collector Jalna And Ors.
                                    ...
Mr.S.M. Kakade hf/ Mr.Kakade Deepak M. for the Applicants.
Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
Ms.Sujata Kanawade for Respondent No.3.
                                    ...

                        CORAM            : MANJUSHA DESHPANDE, J.
                        DATE             : 10.09.2026
PER COURT :


1.              This Civil Application has been filed seeking condonation of

delay of 4963 days in filing the present Appeal by the Claimants. The

reasons for the delay have been explained in Paragraph Nos. 5 and 6 of

the Application. It is stated that, due to financial constraints, the

Claimants were unable to approach this Court within the prescribed

period. The Applicants are agricultural labourers and, considering the

circumstances stated in the Application, the explanation offered for the

delay appears to be justifiable. Hence, the delay deserves to be condoned,

subject to the Applicants furnishing an undertaking to the satisfaction of

the Registrar (Judicial) of this Court that they shall not claim any

statutory benefits or interest for the period of delay.


Sunny Thote
                                    2                         917-CA-3425-2026.odt


2.             In view of the aforementioned conditions, the delay of 4963

days is condoned. Accordingly, the Civil Application is allowed and stands

disposed of.

3.             List the First Appeal for admission on 24th September, 2026.




                                            [ MANJUSHA DESHPANDE, J. ]




Sunny Thote

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