Bombay High Court

NAGORAO S/O. BAPURAO TIPRALE DIED THR LRS CHATURABAI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR NANDED AND ORS.

Disposal: ALLOWED TO BE WITHDRAWN AT ADMISSION STAGE

Holding

The Court condoned the delay, subject to the condition that the claimants undertake not to claim statutory benefits and interest for the period of delay.

Summary

The claimants filed an appeal seeking condonation of a 1,368‑day delay in filing their appeal. The Court examined the reasons for the delay, finding them satisfactory and not indicative of deliberate intent. Consequently, the Court condoned the delay but imposed a condition that the claimants provide an undertaking not to claim statutory benefits or interest for the period of delay within four weeks. The civil application was thereafter disposed of. The order reflects the Court’s discretion to grant condonation while safeguarding public revenue.

Issues considered

Whether the 1,368‑day delay in filing the appeal can be condoned under the law?

Subjects

condonation of delay
civil procedure
appeal
statutory benefits
interest
court order

Judgment

2026:BHC-AUG:39536
                                                1                    943-CA.5553-26.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               943 CIVIL APPLICATION NO. 5553 OF 2026
                                          IN FAST/7624/2026

                           NAGORAO S/O. BAPURAO TIPRALE DIED THR LRS
                                      CHATURABAI AND ORS.
                                            VERSUS
                          THE STATE OF MAHARASHTRA THROUGH THE DIST
                                  COLLECTOR NANDED AND ORS.

                                                   ...
                     Advocate for Applicant : Mr. A. R. Mharolkar h/f Mr. Nagarkar
                                               Kiran M.
                        AGP for Respondent/s-State : Ms. Vaishali Chaudhary.
                                                   ...

                                           CORAM : MANJUSHA A. DESHPANDE, J.
                                           DATE : 29.08.2026

                     PER COURT :-


                     1.    This appeal has been filed by the claimants and in the

                     appeal application for condonation of delay of 1368 days has

                     been filed.


                     2.    Reasons for delay has been explained in paragraph Nos.3

                     and 4 which are satisfactory. The delay does not appear to be

                     deliberate intention. Thus, the delay is condoned subject to

                     condition that the claimants shall furnish an undertaking to the

                     Court that the applicants will not claim the statutory benefits

                     and the interest for the period of delay caused in filing the

                     appeal within a period of four (4) weeks from today.
                             2                  943-CA.5553-26.odt


3.      Civil application stands disposed of.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

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