Bombay High Court

BHANUDAS RAMLING LONDHE DIED THR LRS TRYAMBAK BHANUDAS LONDHEversusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR OSMANABAD AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and allowed the applications, subject to an undertaking that no statutory benefits or interest will be claimed for the delayed period.

Summary

The petitioners, original claimants in a succession of civil applications, sought condonation of a 4,812‑day delay in filing appeals after the death of Bhanudas Ramling Londhe. The State of Maharashtra opposed the delay, arguing that the claimants were barred from seeking statutory benefits and interest for the period of delay. The court examined the explanation provided by the petitioners and found it satisfactory. It therefore allowed the applications on the condition that the claimants execute an undertaking not to claim any statutory benefit or interest for the delayed period within four weeks. The applications were subsequently disposed of.

Issues considered

Whether a delay of 4,812 days in filing appeals can be condoned under civil procedure law
Whether claimants may claim statutory benefits and interest for the period of delay

Subjects

condonation of delay
civil procedure
statutory benefits
interest
High Court of Bombay
applications disposed

Judgment

2026:BHC-AUG:41093


                                                    1                       1098.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 5610 OF 2026
                                       IN FAST/11019/2026
                                            WITH
                              CIVIL APPLICATION NO. 5613 OF 2026
                                       IN FAST/11079/2026
                                            WITH
                              CIVIL APPLICATION NO. 5612 OF 2026
                                       IN FAST/11083/2026
                                            WITH
                              CIVIL APPLICATION NO. 5611 OF 2026
                                       IN FAST/11088/2026
                   BHANUDAS RAMLING LONDHE DIED THR LRS TRYAMBAK
                                       BHANUDAS LONDHE
                                               VERSUS
                     THE STATE OF MAHARASHTRA THROUGH THE DIST
                             COLLECTOR OSMANABAD AND ANR.
                                                   ...
                    Advocate for Applicants : Mr. Patil Laxmikant C. (through V.C.)
                         AGP for Respondent/s – State : Mr. K.S. Hoke Patil
                                                  …

                                         CORAM : MANJUSHA DESHPANDE, J.
                                         DATE : 03rd SEPTEMBER, 2026


              PER COURT :

              1.             In all these Applications, there is a delay of 4812 days in

              filing the Appeals by the original Claimants.

              2.             The explanation has been satisfactorily given in the Civil

              Application.

              3.             In view of the explanation given by the Applicant, the Civil
                                     2                            1098.odt


Applications deserve to be allowed, subject to condition that the

Claimants shall furnish an undertaking to the Registrar (Judicial) of this

Court to the effect that they will not claim any statutory benefit and

interest for the delayed period, within a period of four weeks.

4.           Civil Applications are allowed in terms of prayer clause ‘B’.

5.           Civil Applications shall stand disposed of.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

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