Bombay High Court

RAJENDRA S/O. APPARAO BANBARE.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the delay in filing the first appeals is condonable on the basis of satisfactory explanations, subject to an undertaking not to claim statutory benefits or interest.

Summary

The petitioners, a group of deceased persons' legal representatives, filed multiple civil applications seeking condonation of delay ranging from 1,828 to 4,928 days in filing their first appeals against orders of the State of Maharashtra. The State, represented by the Collector of Osmanabad and Nanded, opposed the condonation. The Court examined whether the petitioners had provided satisfactory explanations for the extensive delays. Finding the explanations satisfactory, the Court exercised its discretion under the Civil Procedure Code to condone the delay, subject to a condition that the petitioners execute an undertaking not to claim any statutory benefits or interest. The undertaking must be filed within eight weeks, and the applications were allowed and disposed of accordingly.

Issues considered

Whether the delay of 1,828 to 4,928 days in filing first appeals can be condoned under the Civil Procedure Code.
Whether the petitioners may be required to give an undertaking not to claim statutory benefits and interest as a condition for condonation.

Subjects

condonation of delay
first appeal
Civil Procedure Code
statutory benefits
interest
undertaking
High Court of Bombay

Judgment

2026:BHC-AUG:45575                      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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