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
Checking your session…