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Bombay High Court

VENKAT SADASHIVRAO JADHAV DIED THROUGH LRS KUSUMBAI VENKAT JADHAV AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The delay is condoned subject to the claimant’s undertaking not to claim any statutory benefit or interest for the delayed period.

Summary

The petitioners sought condonation of a 5,301‑day delay in filing an appeal concerning the death of Prabhu Vishwanath Jadav. The court noted that the delay was explained in the petitioner's affidavit. After considering the explanation, the court held that the delay could be condoned provided the claimant undertook not to claim any statutory benefit or interest for the period of delay. The court directed the claimant to give such an undertaking to the Registrar 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 claimant may claim statutory benefits or interest for the period of the delayed filing.

Subjects

  • condonation of delay
  • civil procedure
  • appeal
  • statutory benefit
  • interest
  • high court
  • procedural law

Judgment

2026:BHC-AUG:41098


                                                   1                         1097.odt


                     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
                                     2                        1097.odt


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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