Created by Fuzzy Cloud

Bombay High Court

SHAIKH ANWAR SHAIKH WALUDDIN.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR JALNA AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the delay of 1,310 days may be condoned as the applicant’s explanation was satisfactory and the delay was not intentional.

Summary

The applicant, Shaikh Anwar Shaikh Waluddin, filed a civil application seeking condonation of a 1,310‑day delay in filing an appeal against the State of Maharashtra. The respondent state contested the delay, arguing that it was excessive. The applicant provided a satisfactory explanation, asserting that the delay was neither intentional nor deliberate. The Court examined whether such a prolonged delay could be condoned under the procedural law. Finding the explanation credible and the delay non‑intentional, the Court condoned the delay and allowed the application. Consequently, the civil application was disposed of in favour of the applicant.

Issues considered

  • Whether a delay of 1,310 days in filing an appeal can be condoned under the Code of Civil Procedure when the delay is not intentional?

Subjects

  • condonation of delay
  • civil procedure
  • appeal
  • high court
  • procedural law

Judgment

2026:BHC-AUG:41099


                                                   1                        1089.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 4032 OF 2026
                                     IN FAST/8258/2026
                           SHAIKH ANWAR SHAIKH WALUDDIN
                                           VERSUS
                     THE STATE OF MAHARASHTRA THROUGH THE DIST
                               COLLECTOR JALNA AND ORS.
                                               ...
                           Advocate for Applicant : Mr. A.H. Koralkar
                       AGP for Respondent Nos. 1 & 2 : Ms. Preeti Diggikar
                                              …

                                           CORAM : MANJUSHA DESHPANDE, J.
                                           DATE : 03rd SEPTEMBER, 2026


              PER COURT :

              1.           This Application has filed for condonation of delay of 1310

              days in filing the Appeal.

              2.           In view of the satisfactory explanation given by the

              Applicant in the Civil application and delay does not appear to be

              intentional and deliberate, delay is condoned.

              3.           Civil Application is allowed in terms of prayer clause ‘A’.

              4.           Civil Application stands disposed of.




                                                 ( MANJUSHA DESHPANDE, J. )
              SPC


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.