Bombay High Court

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERSversusKISAN HARCHAND GHUNAVAT AND ANOTHER

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and granted an ad‑interim stay subject to deposit of the entire amount within twelve weeks.

Summary

The State of Maharashtra, through the Collector of Jalna, filed a civil application seeking condonation of a delay of 879 days in filing an appeal against a judgment dated 23 June 2023. The court examined the explanation provided by the applicants and found it satisfactory, thereby condoning the delay. The same application also sought an ad‑interim stay of the execution of the judgment and award passed by the Joint Civil Judge, Senior Division, Ambad. The court granted the stay, subject to the condition that the entire amount due be deposited in the court within twelve weeks. Both the condonation of delay and the stay were ordered, and the civil applications were subsequently disposed of.

Issues considered

Whether a delay of 879 days in filing an appeal can be condoned under the Civil Procedure Code.
Whether an ad‑interim stay of execution of the judgment and award should be granted subject to a deposit condition.

Subjects

delay condonation
ad‑interim stay
Civil Procedure Code
execution of judgment
deposit condition

Judgment

2026:BHC-AUG:41101


                                                  1                        1088.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 3867 OF 2026
                                     IN FAST/6020/2026
                                          WITH
                            CIVIL APPLICATION NO. 3866 OF 2026
                                     IN FAST/6020/2026
              THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA
                                 AND OTHERS
                                    VERSUS
                     KISAN HARCHAND GHUNAVAT AND ANOTHER

                                               ...
                             AGP for Applicants : Ms. Deepali Jape
                           Advocate for Respondents : Mr. Dinesh Daud
                                  h/f. Mr. Hajare Abhishek M.
                                               …

                                      CORAM : MANJUSHA DESHPANDE, J.

                                       DATE      : 03rd SEPTEMBER, 2026


              PER COURT :

              Civil Application for Delay Condonation :

              1.          There is a delay of 879 days in filing the Appeal.


              2.          Considering the satisfactory explanation given in the

              Application, delay is condoned.


              3.          Civil Applications stands disposed of.
                                    2                      1088.odt


Civil Application for Stay :

4.           The Appellant is challenging the judgment and award passed

by the Joint Civil Judge, Senior Division, Ambad, in LAR no. 01/2017,

dated 23.06.2023.


5.           There shall be ad-interim stay to the execution of the

judgment and award subject to condition of deposit of entire amount in

this Court within a period of 12 weeks.




                                    ( MANJUSHA DESHPANDE, J. )




SPC

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