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Bombay High Court

SITARAM SHANKARRAO KARKE AND ANR.versusTHE STATE OF MAHARASHTRA THR DIST COLLECTOR PARBHANI AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay but conditioned the allowance on an undertaking that the appellants will not claim statutory benefits or interest for the delayed period.

Summary

The appellants failed to file their appeal within the prescribed period, resulting in a delay of 6,969 days. They pleaded severe financial hardship, loss of income, a change of residence and temporary loss of contact with counsel as reasons for the delay. The Court examined whether the delay was deliberate and found the explanations satisfactory, concluding that it was not intentional. Accordingly, the Court condoned the delay but imposed a condition that the appellants execute an undertaking not to claim any statutory benefits or interest for the period of delay. The civil application was therefore allowed subject to that undertaking and subsequently disposed.

Issues considered

  • Whether a delay of 6,969 days in filing an appeal can be condoned on the ground of financial hardship and loss of counsel.
  • Whether the appellants may claim statutory benefits and interest for the period of delay after condonation.

Subjects

  • delay condonation
  • civil procedure
  • statutory benefits
  • interest
  • undertaking
  • financial hardship

Judgment

2026:BHC-AUG:44847
                                                 1                   1024-CA.4078-26.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                              1024 CIVIL APPLICATION NO. 4078 OF 2026
                                          IN FAST/8320/2026

                               SITARAM SHANKARRAO KARKE AND ANR.
                                             VERSUS
                          THE STATE OF MAHARASHTRA THR DIST COLLECTOR
                                        PARBHANI AND ORS.
                                                  ...
                              Advocate for Applicant : Mr. Vitthal D Bhise.
                              AGP for Respondent/s-State : Mr. K. S. Patil.
                           Advocate for Respondent No.3 : Mr. Pisal Pramod A.
                                                  ...

                                           CORAM : MANJUSHA A. DESHPANDE, J.
                                           DATE : 24.09.2026

                     PER COURT :-


                     1.     There is a delay of 6969 days in filing the appeal by the

                     original claimants. The applicants submit that due to the severe

                     financial constraints faced by them, the appeal could not be

                     filed within time. In addition to their lack of income, the

                     applicants shifted their residence and temporarily lost contact

                     with their counsel. Considering the difficulties stated in the

                     application, it does not appear that the delay is deliberate or

                     intentional. In view of the reasons satisfactorily explained in

                     the civil application, the delay deserves to be condoned.


                     2.     Civil application is allowed in terms of prayer clause “A”

                     subject to condition that the claimants shall file undertaking
                              2                   1024-CA.4078-26.odt


before the Registrar (Judicial) of this Court that they will not

claim the statutory benefits and interest for the delayed period.


3.      Civil application is disposed of accordingly.




                                  (MANJUSHA A. DESHPANDE, J.)

                                   ...

vmk/-


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