Bombay High Court

BHIMRAO LIMBAJI GAWARE DIED THR LRS KAMAL AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay on the basis of a satisfactory explanation, subject to an undertaking not to claim statutory benefits or interest for the delayed period.

Summary

The petitioners, heirs of the deceased Bhanudas Ramling Londhe, filed multiple civil applications seeking condonation of a 4,812‑day delay in filing appeals against the State of Maharashtra. The primary issue was whether such an extensive delay could be condoned under procedural law. The Court examined the explanation provided in the applications and found it satisfactory. Consequently, the Court allowed the applications on the condition that the claimants execute an undertaking not to claim any statutory benefits or interest for the period of delay. The applications were thereafter disposed of.

Issues considered

Whether a delay of 4,812 days in filing appeals can be condoned under the applicable procedural law

Subjects

delay condonation
civil appeals
statutory benefits
interest
procedural law
High Court of Bombay

Judgment

2026:BHC-AUG:41096


                                                    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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