Bombay High Court
YAMUNABAI W/O. ASHRUBA KAKADE (DIED) THR LRS. LIMBAJI S/O. ASHRUBA KAKADE.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the 4,208‑day delay on the basis of a credible explanation and a satisfactory undertaking not to claim statutory benefits or interest.
Summary
The petitioners, agricultural labourers and heirs of the deceased Yamunabai, filed a civil application seeking condonation of a 4,208‑day delay in filing an appeal against a decision of the State of Maharashtra. They explained that severe financial constraints prevented timely filing, and they offered an undertaking not to claim statutory benefits or interest for the period of delay. The Court examined whether the delay was justified and whether the undertaking satisfied the requirements for condonation under procedural law. Finding the explanation credible and the undertaking satisfactory, the Court held that the delay could be condoned. Consequently, the application was allowed, the delay condoned, and the first appeal was scheduled for admission on 24 September 2026.
Issues considered
- Whether a delay of 4,208 days in filing an appeal can be condoned under civil procedure law
- Whether the petitioner's undertaking not to claim statutory benefits or interest suffices for condonation
Subjects
- condonation of delay
- civil procedure
- appeal
- agricultural labourers
- statutory benefits
- interest
Judgment
2026:BHC-AUG:42563
1 918-CA-3590-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
918 CIVIL APPLICATION NO. 3590 OF 2026
IN FAST/4740/2026
Yamunabai W/o. Ashruba Kakade (died) Thr Lrs. Limbaji S/o. Ashruba
Kakade.
VERSUS
The State Of Maharashtra Through Collector Jalna And Ors.
...
Adv.S.M. Kakade h/f Mr.Kakade Deepak M. for the Applicant.
Mr.Kishor Hoke Patil, AGP for the Respondent/State.
Mr.Ajay 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 4208 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
2 918-CA-3590-2026.odt
2. In view of the aforementioned conditions, the delay of 4208
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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