Bombay High Court

SHIVAPPA @ SHIVRAM VISHWANATH SWAMI DIED THROUGH LRS AMAR SHIVRAM SWAMI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR LATUR AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and ordered the registration of the first appeal.

Summary

The applicants, heirs of the deceased Shivappa @ Shivram Vishwanath Swami, filed a civil application seeking condonation of a 1,223‑day delay in filing their first appeal against the State of Maharashtra. The delay was attributed to unintentional reasons, and the applicants explained the circumstances in paragraphs 5 and 6 of their petition. The respondent No. 3, although served notice, failed to appear before the court. The bench examined whether the delay was deliberate or merely inadvertent and considered the adequacy of the explanation provided. Finding the delay to be unintentional and the grounds satisfactorily explained, the court decided to condone the delay. Consequently, the first appeal was ordered to be registered and the civil application was disposed of.

Issues considered

Whether a delay of 1,223 days in filing a first appeal can be condoned under the principles of natural justice and procedural law.

Subjects

condonation of delay
first appeal
civil procedure
limitation period
High Court of Bombay

Judgment

                                    1                     958 ca 5637.26

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

           CIVIL APPLICATION NO. 5637 OF 2026
                          IN
          FIRST APPEAL STAMP NO. 10884 OF 2026

       Shivappa @ Shivram Vishwanath Swami
       Since deceased through his L.Rs.
       Amar Shivram Swami and others       ..         Applicants

             Versus

       The State of Maharashtra and others       ..   Respondents

Shri Subhash S. Chillarge, Advocate for the Applicants.
Mrs. Dr. K. B. Patil Bharaswadkar, A.G.P. for the Respondent
Nos. 1 and 2.

                  CORAM : MANJUSHA A. DESHPANDE, J.
                   DATE : 27TH AUGUST, 2026.

ORDER :


.      Although   notices   are   issued   and   served     upon    the
respondent No. 3, none appears for the respondent No. 3.


2.     This application is filed for condonation of delay of 1223
days caused in filing first appeal. First appeal is filed by the
claimants.


3.     The reasons in filing the first appeal are mentioned in para
Nos. 5 and 6 of the application. The grounds are satisfactorily
explained. The delay being unintentional and not deliberate, it
deserves to be condoned.
                                    2                   958 ca 5637.26



4.    For the reasons stated in the application, the civil
application is allowed. The delay stands condoned. Office shall
register the first appeal. The civil application is disposed of.



                               [ MANJUSHA A. DESHPANDE J. ]


bsb/Aug. 26

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