Created by Fuzzy Cloud

Bombay High Court

LAXMIBAI W/O. BALAJI INGOLE.versusTHE STATE OF MAHARASHTRA THR COLLECTOR NANDED AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay, subject to the applicant’s undertaking not to claim statutory benefits or interest for the delayed period.

Summary

The applicant, an 82‑year‑old widow with no surviving relatives, filed a civil application seeking condonation of a 5,224‑day delay in filing an appeal against the State of Maharashtra. She alleged that her husband died in 2012, her son in 2025, and that, being a rustic villager, she was unaware of the legal proceedings. The Court examined whether such an extensive delay could be condoned under the principles of equity and procedural law. Considering her advanced age, lack of support, and ignorance of the case, the Court held that the delay warranted condonation. However, the Court conditioned the condonation on the applicant giving an undertaking to the Registrar that she would not claim any statutory benefit or interest for the delayed period, to be filed within four weeks. The application was therefore allowed subject to that condition.

Issues considered

  • Whether a delay of 5,224 days in filing an appeal can be condoned under civil procedure law.

Subjects

  • condonation of delay
  • civil procedure
  • appeal
  • elderly litigant
  • statutory benefit
  • interest
  • undertaking

Judgment

2026:BHC-AUG:41085


                                                   1                     1096.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 5128 OF 2026
                                            IN
                                      FAST/8236/2026
                                LAXMIBAI W/O. BALAJI INGOLE.

                                               VERSUS

                   THE STATE OF MAHARASHTRA THR COLLECTOR NANDED
                                      AND ORS.

                                                 ...
                         Advocate for Applicant : Mr. Atharva R. Mharolkar
                                    h/f. Mr. Kiran M. Nagarkar
                         AGP for Respondent/s – State : Ms. Deepali Jape
                                                 …

                                        CORAM : MANJUSHA DESHPANDE, J.

                                        DATE      : 03rd SEPTEMBER, 2026


              PER COURT :

              1.           This Application is filed for condonation of delay of 5224

              days in filing the Appeal by the Claimants.


              2.           The Applicant is 82 years old lady, it is stated that her

              husband has died in the year 2012 and her son has also expired in the

              year 2025, and therefore, she has no other relative. She being a rustic

              villager is not aware about the legal proceeding.
                                     2                          1096.odt


3.           Considering the age of the Applicant and the circumstances

as explained in the Civil Application, the delay deserves to be condoned

subject to condition that the Applicant shall give an undertaking to the

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

benefit and interest for the delayed period, within a period of four weeks.


4.           Civil Application is allowed in aforesaid terms.




                                     ( MANJUSHA DESHPANDE, J. )




SPC


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.