Bombay High Court

PRADIP S/O SHIVDAS RATHOD AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court condoned the delay but held that no interest or statutory benefits are payable for the delayed period.

Summary

The petitioners filed several civil applications seeking condonation of delay in filing first appeals against orders of the Collector, Jalna. The State opposed the applications, but the court found no malafide intent and held that the delay was not intentional. The court conditioned condonation on the denial of interest and statutory benefits for the period of delay. For the first two applications, the petitioners were expressly barred from claiming any interest or statutory benefits. Accordingly, the applications were allowed and the matters were directed to be decided at the admission stage on a later date.

Issues considered

Whether the delay in filing first appeals can be condoned
Whether interest and statutory benefits are payable for the period of delay

Subjects

condonation of delay
interest
statutory benefits
civil application
first appeal
High Court
Maharashtra

Judgment

                    1          7- CA.7816-25 (7 to 13).odt


   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              BENCH AT AURANGABAD

        7 CIVIL APPLICATION NO. 7816 OF 2025
                  IN FAST/13172/2025
      SAKHAHARI NIVRUTTI WAGHMARE AND ANR
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                    JALNA AND ORS.

                        AND

         8 CIVIL APPLICATION NO. 8302 OF 2025
                   IN FAST/16001/2025
             UDDHAV S/O SUDAMRAV RAUT
                         VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
     JALNA COLLECTOR OFFICE JALNA AND OTHERS

                        AND

        10 CIVIL APPLICATION NO. 37 OF 2026
                 IN FAST/31857/2025
           PREMCHAND ASHRUBA KHARAT.
                       VERSUS
THE STATE OF MAHARASHTRA TROUGH THE COLLECTOR
                 JALNA AND OTHERS.

                        AND

         11 CIVIL APPLICATION NO. 40 OF 2026
                  IN FAST/31864/2025
           ANKUSH RAMCHANDRA DEVKAR.
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                  JALNA AND OTHERS.

                        AND

         12 CIVIL APPLICATION NO. 41 OF 2026
                  IN FAST/32599/2025
        PRADIP S/O SHIVDAS RATHOD AND ORS.
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                    JALNA AND ORS.

                        AND
                               2             7- CA.7816-25 (7 to 13).odt


         13 CIVIL APPLICATION NO. 67 OF 2026
                  IN FAST/31889/2025
           PANDURANG JIJASAHEB SOLANKE.
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                  JALNA AND OTHERS.

                                ...
             Advocate for Applicants : Mr. Kakde S. M.
     AGPs for Respondent/s-State : Mr. V. V. Jahagirdar, Mr. S. N.
              Morampalle, Mr. N. D. Raje, respectively.
                                ...

                             CORAM : SHAILESH P. BRAHME, J.
                             DATE : 18.03.2026

PER COURT :-


1.       Heard both sides.


2.       Applicants seek to condone delay and they have placed

on record chart which is as follows :
                               3             7- CA.7816-25 (7 to 13).odt


3.     Learned AGPs have opposed the respective applications

for condonation of delay.


4.     The averments of the applications have not been

controverted by the respondents. I find no malafides on the

part of the applicants to approach this Court belatedly. The

delay is not intentional. Applicants are ready to forego the

interest and statutory benefits for the delayed period.


5.     In case of first two matters i.e. Civil Application

Nos.7816 of 2025 and 8302 of 2025, applicants shall not be

entitled for interest and statutory benefits for the delayed

period and period of lapses from the date of filing applications

till passing of the first order.


6.     Civil applications are allowed accordingly and the delay

caused in filing first appeals stands condoned on condition that

applicants shall not be entitled to interest and statutory

benefits for the delayed period. They are deprived of benefits

for lapses in above referred matters also.


                            First Appeals


7.     Matters shall be decided finally at the admission stage on

the next date.
                             4                7- CA.7816-25 (7 to 13).odt


8.      Call for Record and Proceedings from the concerned

Court.


9.      Print is dispensed with.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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