Bombay High Court
PRABHU VISHWANATH JADHAV DIED THROUGH LRS PRADEEP PRABHU JADHAV AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR , LATUR AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the 5,301‑day delay subject to the claimant’s undertaking not to claim statutory benefits or interest for the delayed period.
Summary
The petitioners sought relief for a civil application concerning the death of Prabhu Vishwanath Jadhav, wherein the appeal was filed after a delay of 5,301 days. The respondents, the State of Maharashtra, opposed condonation of such delay. The petitioners explained the reasons for the delay in paragraphs 3 to 5 of their application. The Court, after considering the explanation, decided that the delay could be condoned provided the claimant gives an undertaking not to claim any statutory benefit or interest for the delayed period within four weeks. Accordingly, the civil applications were allowed and disposed of.
Issues considered
- Whether a delay of 5,301 days in filing an appeal can be condoned under the Civil Procedure Code
- Whether the Court can impose a condition that the claimant forgoes statutory benefits and interest for the delayed period
Subjects
- delay condonation
- civil procedure
- statutory benefits
- interest
- high court
- appeal
Judgment
2026:BHC-AUG:41097
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 5511 OF 2026
IN FAST/11790/2026
WITH
CIVIL APPLICATION NO. 5512 OF 2026
IN FAST/11792/2026
PRABHU VISHWANATH JADHAV DIED THROUGH LRS PRADEEP
PRABHU JADHAV AND ORS.
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR ,
LATUR AND ANR.
...
Advocate for Applicants : Mr. Manale Satish S.
AGP for Respondent/s – State : Ms. Preeti Diggikar
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 03rd SEPTEMBER, 2026
PER COURT :
1. In these Applications, there is a delay of 5301 days in filing
the Appeal.
2. Delay has been satisfactorily explained in paragraph nos. 3
to 5, of the Application.
3. Considering the explanation given by the Applicants, delay
deserves to be condoned subject to the condition that the Claimant shall
give an undertaking to the Registrar (Judicial) of this Court that the
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Claimant shall not claim any statutory benefit and interest for the delayed
period, within a period of four weeks.
4. In view of the aforementioned directions, Civil Application
is allowed and disposed of, accordingly.
( MANJUSHA DESHPANDE, J. )
SPC
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