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.)
...
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