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Bombay High Court

NAMDEO S/O ANANDRAO PATILversusTHE STATE OF MAHARASHTRA, THR , DIST. COLLECTOR, COLLECTORATE, NANDED

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 322‑day delay in filing the appeal.

Summary

Namdeo, a poor litigant, filed an application seeking condonation of a 322‑day delay in filing a first appeal against an award of the Reference Court in LAR No.91 of 2014. The delay was attributed to the COVID‑19 pandemic, lockdown restrictions, lack of public transport, and the applicant’s inability to raise the necessary fees. The State of Maharashtra opposed the application, arguing that the explanation for the delay was insufficient. The Court, noting the applicant’s poverty and the detailed explanation, decided to condone the delay, imposing a modest cost of Rs.1,000 to be paid to the Library of the Advocates Association and requiring an undertaking not to claim interest for the delayed period. Consequently, the appeal was ordered to be registered, and the application was disposed of in the applicant’s favour.

Issues considered

  • Whether a delay of 322 days in filing a first appeal can be condoned under the provisions of the Civil Procedure Code

Subjects

  • condonation of delay
  • civil appeal
  • COVID‑19 pandemic
  • poverty
  • costs
  • interest undertaking

Judgment

2026:BHC-AUG:3672
                                                                            926.CA.4207.2021



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 4207 OF 2021
                                                 IN
                              FIRST APPEAL (STAMP) NO. 21477 OF 2020

          Namdeo s/o Anandrao Patil                                  ...Applicant

                   Versus

          The State of Maharashtra and Others                        ...Respondents

                                            ***
           Mr. S. R. Bagal h./f Mr. Gadegaonkar Bharat N., Advocate for the
           Mr. V. S. Badakh, AGP for Respondent – State.
                                            ***

                                                 CORAM : RAJNISH R. VYAS, J.
                                                 DATE : JANUARY 28, 2026
          PER COURT :

          1.                 This is an application for condonation of delay of 322 days

          in filing the first appeal challenging the award passed by the Reference

          Court in LAR No.91 of 2014.


          2.                 The claimant has submitted that it is due to covid-19

          pandemic lock down and lack of public transport, the claimant could

          not visit the office of the advocate, so also could not arrange the

          necessary fees for filing of the appeal. It is submitted that the claimant

          is from poor family and therefore, the appeal was not filed within the

          time bound period.

          Shrikant Malani                                                        Page 1 of 2
                                                               926.CA.4207.2021




3.                The learned APP opposes the application and contends that

the delay is not properly explained.


4.                In view of the fact that the applicant was a poor person

and he has explained the delay in a proper manner.         Accordingly, the

present application is allowed, subject to payment of costs of

Rs.1,000/- be paid to the Library of the Advocates Association of

Bombay High Court, Aurangabad. The delay is condoned, subject to

the applicant giving undertaking that he will not claim interest for the

delayed period.


5.                Since the application is disposed of, the appeal be

registered accordingly.



                                                ( RAJNISH R. VYAS, J. )




Shrikant Malani                                                     Page 2 of 2


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