Bombay High Court

MANIKRAO APPARAO BAHEKAR (DIED) SANTABAI (DIED) ASARAM (DIED) THR LRS KASUM AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 3,971‑day delay in filing the appeal, subject to an undertaking that no statutory benefits or interest will be claimed for the delayed period.

Summary

The claimants filed a civil application seeking condonation of a 3,971‑day delay in filing their first appeal against the State of Maharashtra. The court noted that despite notices, one respondent did not appear, but the respondents’ AGP was present. The claimants satisfactorily explained that the delay was neither intentional nor deliberate. The court therefore condoned the delay, imposing a condition that the claimants file an undertaking not to claim statutory benefits or interest for the delayed period within eight weeks. The civil application was allowed and disposed, and the appeal was listed for admission on 22‑Oct‑2026.

Issues considered

Whether a delay of 3,971 days in filing a first appeal can be condoned under the Civil Procedure Code
Whether the claimants may claim statutory benefits or interest for the period of delay

Subjects

delay
condonation
civil procedure
appeal
statutory benefits
interest

Judgment

                              1                   1027-CA.4785-26.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

            1027 CIVIL APPLICATION NO. 4785 OF 2026
                        IN FAST/9448/2026
 MANIKRAO APPARAO BAHEKAR (DIED) SANTABAI (DIED)
      ASARAM (DIED) THR LRS KASUM AND ORS.
                     VERSUS
  THE STATE OF MAHARASHTRA THROUGH THE DIST
            COLLECTOR JALNA AND ORS.
                                 ...
          Advocate for Applicants : Mr. Rakhunde Pravin B.
         AGP for Respondent/s-State : Ms. Dr. Kalpalata Patil
                          Bharaswadkar.
                                 ...

                         CORAM : MANJUSHA A. DESHPANDE, J.
                         DATE : 24.09.2026

PER COURT :-


1.       Civil application is filed by the claimants. There is a

delay of 3971 days in filing the appeal. Although notices are

issued and all the respondents are served, none appears for

respondent No.3. Learned AGP appears for the respondents/

State.


2.       The reasons for delay have been satisfactorily explained

by the claimants in civil application. The delay occurred in

filing the appeal is neither intentional nor deliberate. In view

thereof, the delay occurred in filing first appeal deserves to be

condoned. Accordingly, the delay of 3971 days in filing the

appeal is condoned subject to condition that the claimants shall
                              2                   1027-CA.4785-26.odt


furnish an undertaking to the satisfaction of the Registrar

(Judicial) of this Court that they will not claim any statutory

benefits or interest for the delayed period. Undertaking to that

effect shall be filed within a period of eight (8) weeks from

today.


3.       Civil application is allowed and accordingly disposed of.


4.       List the appeal for admission on 22.10.2026.




                                  (MANJUSHA A. DESHPANDE, J.)

                                   ...

vmk/-

Continue reading with your account

Checking your session…