Bombay High Court

PRABHU S/O. RAMJI SHINDE AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR NANDED AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 4,383‑day delay on the condition that the petitioners furnish an undertaking not to claim statutory benefits or interest.

Summary

The petitioners filed a civil application seeking condonation of a 4,383‑day delay in filing their first appeal. The court examined the detailed reasons for the delay, noting that it was neither intentional nor deliberate. No statutory provisions or precedents were cited. The bench held that the delay warranted condonation, subject to the petitioners providing an undertaking not to claim any statutory benefits or interest for the period of delay. The undertaking must be filed within eight weeks. Consequently, the application was allowed and the delay was condoned.

Issues considered

Whether a delay of 4,383 days in filing a first appeal can be condoned under civil procedure law

Subjects

condonation of delay
first appeal
civil procedure
statutory benefits
interest
undertaking

Judgment

2026:BHC-AUG:44824
                                                  1                   1029-CA.5127-26.odt


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                1029 CIVIL APPLICATION NO. 5127 OF 2026
                                            IN FAST/8268/2026

                                PRABHU S/O. RAMJI SHINDE AND ORS.
                                             VERSUS
                           THE STATE OF MAHARASHTRA THROUGH THE DIST
                                   COLLECTOR NANDED AND ORS.
                                                      ...
                          Advocate for Applicant : Mr. Atharva R. Mharolkar h/f Mr.
                                             Kiran M. Nagarkar.
                           AGP for Respondent/s-State : Ms. Vaishali S. Chaudhary.
                                                      ...

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

                     PER COURT :-


                     1.      This civil application is for condonation of delay of 4383

                     days caused in filing the first appeal.      Upon notices being

                     issued, all the respondents are served. Learned AGP appears

                     for respondents/State. Respondent No.3 though served, none

                     appears for him.


                     2.      Perused the application. The reasons for delay occurred

                     in filing the appeal has been elaborately explained in

                     application. The delay is not intentional and deliberate.


                     3.      For the reasons stated in the civil application, the delay

                     deserves to be condoned. Civil application is allowed and the

                     delay of 4383 days is condoned on the condition that the
                              2                   1029-CA.5127-26.odt


claimants shall furnish an undertaking to the Registrar

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

benefits or interest for the delayed period. The undertaking

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


4.      Civil application is disposed of accordingly.




                                  (MANJUSHA A. DESHPANDE, J.)

                                   ...

vmk/-

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