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
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