Bombay High Court

SHIVAPPA HIRANAPPA @ IRANAPPA MULE DIED THR LRS KASHINATH SHIVAPPA MULEversusTHE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

Condonation of the delay is granted subject to the applicant’s undertaking not to claim statutory benefits or interest.

Summary

The applicant, Shivappa Hirnappa, filed a civil application seeking condonation of a 6,347‑day delay in filing an appeal against a decree. The court examined the reasons for the delay and noted that similar appeals by other claimants had already been enhanced. The respondent, the State of Maharashtra, was served but did not appear. The court allowed the application on the condition that the applicant give an undertaking not to claim any statutory benefit or interest for the delayed period, to be filed with the appeal. Consequently, the civil application was disposed, the appeal was registered, and it was listed for hearing on 24‑09‑2026.

Issues considered

Whether a delay of 6,347 days in filing an appeal can be condoned under the Civil Procedure Code
Whether the court can condition condonation on an undertaking to forgo statutory benefits and interest

Subjects

condonation of delay
civil procedure
appeal
undertaking
statutory benefit
interest
High Court

Judgment

                                    1                       1059.odt


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 5014 OF 2025
                       IN FAST/13202/2025
     SHIVAPPA HIRANAPPA @ IRANAPPA MULE DIED THR LRS
                 KASHINATH SHIVAPPA MULE
                              VERSUS
        THE STATE OF MAHARASHTRA THR. COLLECTOR
                     OSMANABAD AND ANR
                                  ...
           Advocate for Applicant : Mr. Patil Shashikiran N.
           AGP for Respondent No. 1 : Ms. Preeti Diggikar
                                 …

                         CORAM : MANJUSHA DESHPANDE, J.
                         DATE : 03rd SEPTEMBER, 2026


PER COURT :

1.           This Application is filed for condonation of delay of 6347

days in filing the Appeal by the Claimant.

2.           The reasons for delay has been explained in paragraph nos. 2

and 3.

3.           It is submitted that the Appeal for enhancement by other

Claimants arising out of the same project has already been enhanced by

this Court. Respondent no. 2 though served, none appears for Respondent

no. 2.

4.           Considering the explanation for delay given in Application,

the Civil Application is allowed on the condition that the Claimant shall
                                     2                        1059.odt


give an undertaking to the Registrar (Judicial) that he shall not claim any

statutory benefit and the interest for the delayed period in filing the

Appeal. The undertaking shall be placed along with the Appeal and

considered while passing the final order.

5.           Civil Application stands disposed of.

6.           First Appeal be registered.

7.           List the Appeal on 24.09.2026.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

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