Created by Fuzzy Cloud

Bombay High Court

LILABAI @ ALIAS LIMBABAI DHARYBHAU KAKADE.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The delay of 4,083 days is condoned subject to the condition that the claimant undertakes not to claim any statutory benefit or interest for the period of delay.

Summary

The applicant, Lilabai @ Alias Limbabai Dharybhau Kakade, filed a civil application seeking condonation of a 4,083‑day delay in filing an appeal. The court examined the explanation provided for the delay and found it satisfactory. Consequently, the court condoned the delay but imposed a condition that the claimant must give an undertaking to the Registrar (Judicial) that no statutory benefit or interest will be claimed for the period of delay. The application was thereafter disposed. The decision reflects the court's discretion to condone procedural delays when justified, while safeguarding against undue advantage from the delay.

Issues considered

  • Whether a delay of 4,083 days in filing an appeal can be condoned under the applicable procedural law?

Subjects

  • condonation of delay
  • appeal
  • civil procedure
  • statutory benefit
  • interest
  • High Court of Bombay

Judgment

2026:BHC-AUG:41088


                                                   1                         1091.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                           CIVIL APPLICATION NO. 4252 OF 2026
                                    IN FAST/8308/2026
                  LILABAI @ ALIAS LIMBABAI DHARYBHAU KAKADE.
                                          VERSUS
              THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA
                                         AND ORS.
                                              ...
                          Advocate for Applicant : Mr. Koralkar A.H.
                    AGP for Respondent/s – State : Ms. Vaishali Chaudhari
                   Advocate for Respondent No. 3 : Ms. Vandana K Sadawarte
                                             …
                                    CORAM : MANJUSHA DESHPANDE, J.
                                    DATE : 03rd SEPTEMBER, 2026
              PER COURT :

              1.           This Application is filed for condonation of delay of 4083

              days in filing the Appeal.

              2.           Considering the explanation for delay given by the

              Applicant in the Application which is explained satisfactorily, the delay is

              condoned subject to condition that the Claimant shall given an

              undertaking to the Registrar (Judicial) of this Court that the Claimant will

              not claim any statutory benefit or interest for the period of delay caused

              in filing the Appeal.

              3.           Civil Application stands disposed of.




                                                 ( MANJUSHA DESHPANDE, J. )
              SPC


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.