Bombay High Court

SALIM DADAMIYA PATHANversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay of 1,056 days is condoned, subject to the applicants' undertaking not to claim any statutory benefit or interest for the delayed period.

Summary

The applicants filed three civil applications seeking condonation of a 1,056‑day delay in filing appeals against a judgment of the reference court. The respondents appeared, but one respondent did not appear despite being served. The court examined the applicants' explanation for the delay, finding it neither intentional nor deliberate. Accordingly, the court conditioned condonation on the applicants furnishing an undertaking that they would not claim any statutory benefit or interest for the delayed period. The applications were allowed as per prayer clause ‘B’ and the matter was disposed of.

Issues considered

Whether a delay of 1,056 days in filing an appeal can be condoned under the Civil Procedure Code.
Whether the condonation should be subject to any conditions, such as an undertaking to forgo statutory benefits and interest.

Subjects

condonation of delay
appeal
Civil Procedure Code
statutory benefit
interest
High Court

Judgment

2026:BHC-AUG:42278


                                                  1                        971..odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 5071 OF 2025
                                     IN FAST/13980/2025
                                           WITH
                            CIVIL APPLICATION NO. 5073 OF 2025
                                     IN FAST/13992/2025
                                         WITH
                            CIVIL APPLICATION NO. 5072 OF 2025
                                     IN FAST/13989/2025

                               AMBADAS SHRIPATI SUPEKAR
                                            VERSUS
                          THE STATE OF MAHARASHTRA AND ANR
                                                ...
                         Advocate for Applicant : Mr. Thorat Nanabhau R.
                        AGP for Respondent No. 1 : Ms. Vaishali Chaudhari
                                               …

                                       CORAM : MANJUSHA DESHPANDE, J.
                                       DATE : 11th SEPTEMBER, 2026

              PER COURT :

              1.           All these Applications have been filed by the respective

              Applicants for condonation of delay for filing the Appeal against the

              judgment and order passed by the reference Court. There is a delay of

              1056 days.

              2.           Learned AGP appears for Respondent no. 1. Respondent no.

              2 though served, nobody has caused appearance for him.

              3.           The reasons for delay has been explained satisfactorily by

              the Claimants. The delay is neither intentional nor deliberate. Therefore,
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the delay occurred in filing the Appeals deserves to be condoned subject

to the condition that the Claimants shall furnish an undertaking to the

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

benefit and interest for the delayed period.

3.           Civil Applications are allowed in terms of prayer clause 'B'

and stand disposed of.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

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