Bombay High Court

MANIK MACHINDRA GHOLVEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: NEERAJ P DHOTE

Holding

The court allowed condonation of the 2,957‑day delay but denied the applicant any interest or statutory benefits for the period of delay.

Summary

The applicant, Manik Machindra Gholve, filed an application seeking condonation of a 2,957‑day delay in filing a first appeal against the State of Maharashtra. The High Court noted that the respondent State’s advocate was present, but the acquiring body (Respondent No.2) was not. The court examined whether such a lengthy delay could be condoned under procedural law. It held that the application could be allowed in accordance with Prayer Clause B, thereby permitting the appeal to proceed. However, the court clarified that the applicant would not be entitled to any interest or statutory benefits for the period of delay. The order was to be attached to the appeal memorandum.

Issues considered

Whether a delay of 2,957 days in preferring a first appeal can be condoned.
Whether the applicant is entitled to interest and statutory benefits for the delayed period.

Subjects

condonation of delay
first appeal
interest
statutory benefits
civil procedure

Judgment

2026:BHC-AUG:24779
910-CA-5548-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

910 CIVIL APPLICATION NO. 5548 OF 2025
IN FAST/26687/2019

Manik Machindra Gholve
VERSUS
The State Of Maharashtra And Anr
…..
Mr. Shubham D. Jaybhar h/f Mr. Jayabhar Dattatraya R., Advocate
for Applicant
Ms. B. B. Gunjal, AGP for Respondent Nos.1 and 3 - State
…..
CORAM : NEERAJ P. DHOTE, J.
DATE : 25.06.2026

PER COURT :

1. This is an Application for condonation of 2957 days delay in
preferring the First Appeal.

2. The learned Advocate for the Applicant and the learned AGP
for Respondent Nos.1 and 3 – State are present.

3. None for Respondent No.2 – Acquiring Body, though served.

4. For the reasons mentioned in the Application, the Application
is allowed in terms of Prayer Clause – ‘B’.

5. The Applicant shall not be entitled for the interest and
statutory benefits for the delayed period.

6. A copy of this order be placed along with the Appeal Memo.

[NEERAJ P. DHOTE, J.]

Sameer/June-2026 1

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