Bombay High Court

ARUN S/O. MADHAVRAO ATNURE AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, NANDED ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay in filing the first appeals, subject to an undertaking not to claim statutory benefits or interest.

Summary

Multiple civil applications were filed by various petitioners against the State of Maharashtra seeking condonation of substantial delays—ranging from 1,828 to 4,928 days—in filing their first appeals. The petitioners provided satisfactory explanations for the delays. The court examined whether such delays could be condoned under procedural law. Finding the explanations adequate, the court ordered that the delays be condoned, but imposed a condition that each petitioner file an undertaking to the Registrar (Judicial) that they will not claim any statutory benefits or interest. The undertaking must be filed within eight weeks. Consequently, the civil applications were allowed and disposed of accordingly.

Issues considered

Whether the delay of 1,828 to 4,928 days in filing the first appeals can be condoned?
Whether imposing an undertaking not to claim statutory benefits and interest is a proper condition for condonation?

Subjects

condonation of delay
first appeal
civil procedure
statutory benefits
interest
undertaking
High Court

Judgment

2026:BHC-AUG:45572                      1           1030-CA.5149-26 (1030-1035).odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            1030 CIVIL APPLICATION NO. 5149 OF 2026
                                        IN FAST/3936/2026
                       JILANI BAHSHUMIYA KHONDE (DIED) T/H L.RS. ILAHI
                                    JILANI KHONDE AND ORS.
                                             VERSUS
                       THE STATE OF MAHARASHTRA T/H THE COLLECTOR,
                                   OSMANABAD AND OTHERS
                                            AND
                            1031 CIVIL APPLICATION NO. 5150 OF 2026
                                        IN FAST/4585/2026
                            ARUN S/O. MADHAVRAO ATNURE AND ORS.
                                             VERSUS
                     THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
                                          NANDED ORS.
                                            AND
                            1032 CIVIL APPLICATION NO. 5155 OF 2026
                                        IN FAST/4734/2026
                               RAJENDRA S/O. APPARAO BANBARE.
                                             VERSUS
                     THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
                                       NANDED AND ORS.
                                            AND
                            1033 CIVIL APPLICATION NO. 5168 OF 2026
                                        IN FAST/4737/2026
                                   RAJESHWAR PUNDLIKRAO.
                                             VERSUS
                     THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                                       NANDED AND ORS.
                                            AND
                            1034 CIVIL APPLICATION NO. 5169 OF 2026
                                        IN FAST/4598/2026
                               RAJENDRA S/O. APPARAO BANBARE.
                                             VERSUS
                     THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                                       NANDED AND ORS.
                                            AND
                           1035 CIVIL APPLICATION NO. 5191 OF 2026
                                       IN FAST/4580/2026
                           2              1030-CA.5149-26 (1030-1035).odt



    APPARAO S/O. HULBA BANBARE (DIED) T/H L.RS.
            DIGAMBAR APPARAO BANBARE
                     VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                 NANDED AND ORS.
                               ...
        Advocate for Applicants : Mr. Patil Laxmikant C.
  AGPs for Respondent/s-State : Ms. D. S. Jape, Dr. Kalpalata
 Patil Bharaswadkar, Mr. K. S. Patil, Ms. Vaishali S. Chaudhary,
                         respectively.
                               ...
                        CORAM : MANJUSHA A. DESHPANDE, J.
                        DATE : 24.09.2026
PER COURT :-

1.      Civil applications are filed for condonation of delay of

4928, 2188, 2363, 2181, 2241, 2220 days in filing the first

appeals, respectively. The reasons for delay is explained by the

applicants satisfactorily. In view of the satisfactory explanation,

the delay occurred in filing appeals deserves to be condoned.

2.      Accordingly, the delay is condoned subject to condition

that the claimants will furnish an undertaking to the Registrar

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

benefits and interest. The undertaking shall be filed within a

period of eight (8) weeks from today.

3.      Civil   applications   are   allowed    and     disposed      of

accordingly.



                                (MANJUSHA A. DESHPANDE, J.)
                                 ...
vmk/-

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