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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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