Bombay High Court

DATTATRYA SAHEBRAO LONDHE.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the applications for condonation of delay are allowed subject to an undertaking not to claim statutory benefits or interest for the delayed period.

Summary

The petitioners sought condonation of a 4,812‑day delay in filing appeals against the judgment in Bhanudas Ramling Londhe's case. The High Court examined whether the explanation for the delay was satisfactory. Finding the explanation acceptable, the Court allowed the civil applications for condonation, imposing a condition that the claimants execute an undertaking not to claim any statutory benefits or interest for the period of delay. The Court ordered the claimants to furnish the undertaking within four weeks. Consequently, the applications were allowed and the matters were disposed of.

Issues considered

Whether a delay of 4,812 days in filing appeals can be condoned.
Whether the explanation provided for the delay is sufficient to merit condonation.
Whether imposing an undertaking to forgo statutory benefits and interest is appropriate.

Subjects

condonation of delay
civil appeal
statutory benefit
interest
High Court
procedural law

Judgment

2026:BHC-AUG:41095


                                                    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

Continue reading with your account

Checking your session…