Bombay High Court

TRIMUKH @ TRIMBAK S/O GYANOBA.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR NANDED AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 1,278‑day delay in filing the first appeal, subject to an undertaking not to claim statutory benefit or interest for the delayed period.

Summary

The applicant, Trimukh @ Trimbak, sought condonation of a 1,278‑day delay in filing his first appeal against a decree. The court examined the explanation provided for the delay and considered whether such a long lapse could be excused. It held that the delay could be condoned provided the applicant gave an undertaking not to claim any statutory benefit or interest for the period of delay. The court therefore allowed the application subject to the stipulated undertaking and ordered the applicant to file the undertaking within four weeks. Consequently, the civil application was disposed of.

Issues considered

Whether a delay of 1,278 days in filing a first appeal can be condoned under the Civil Procedure Code
Whether the court may impose a condition that the applicant will not claim statutory benefits or interest for the delayed period

Subjects

condonation of delay
first appeal
statutory benefit
interest
civil procedure

Judgment

2026:BHC-AUG:38404


                                                   1                         969...odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 4052 OF 2026
                                             IN
                                       FAST/36692/2025

                           TRIMUKH @ TRIMBAK S/O GYANOBA
                                       VERSUS
                     THE STATE OF MAHARASHTRA THROUGH THE DIST
                             COLLECTOR NANDED AND ORS.

                                                 ...
                        Advocate for Applicant : Mr. Tushar Kiran Nagarkar
                                    h/f. Mr. Nagarkar Kiran M.
                        AGP for Respondent Nos. 1 & 2 : Ms. Preeti Diggikar
                                                …

                                        CORAM : MANJUSHA DESHPANDE, J.

                                        DATE       : 20th AUGUST, 2026

              PER COURT :

              1.           There is a delay of 1278 days in filing the First Appeal by

              the Claimant.

              2.           In view of the explanation averred in paragraph nos. 3 to 5,

              delay of 1278 days is condoned subject to condition that the Claimant

              shall give an undertaking before this Court that he will not claim

              statutory benefit as well as interest for the delayed period in approaching

              this Court. This undertaking be given by the Applicant to the satisfaction

              of the Registrar (Judicial), of this Court within a period of four weeks.
                                     2                     969...odt


3.           In view of the aforementioned observations, the Application

is allowed in terms of prayer clause 'B'.

4.           The Civil Application stands disposed of.




                                      ( MANJUSHA DESHPANDE, J. )




SPC

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