Bombay High Court

BALASAHEB S/O. MURLIDHAR KHOT DIED THROUGH LRS SARLA AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The Court allowed the application and condoned the delay, subject to an undertaking not to claim interest or statutory benefits for the delayed period.

Summary

The deceased Balasaheb's heirs filed a civil application seeking condonation of a 1,311‑day delay in filing an appeal against a judgment of the Reference Court in L.A.R. No 220/2018. The applicants argued that extraordinary circumstances justified the delay, while the State, represented by the Attorney General, waived service of notice. The Court examined the reasons provided in the application, particularly paragraphs 2 to 4, and found them sufficient to merit condonation. It ordered that the delay be condoned on the condition that the applicants file an undertaking not to claim interest or statutory benefits for the period of delay if the appeal succeeds. Consequently, the application was allowed and the civil application was disposed of.

Issues considered

Whether the Court may condone a delay of 1,311 days in filing an appeal under the applicable limitation provisions.

Subjects

condonation of delay
limitation period
civil procedure
appeal
interest
statutory benefits

Judgment

2026:BHC-AUG:26362
1019 CA 5675 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

1019 CIVIL APPLICATION NO. 5675 OF 2026
IN FAST/6443/2026
BALASAHEB S/O. MURLIDHAR KHOT DIED THROUGH LRS SARLA AND ORS.
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS.
...
Advocate for Applicant : Mr. Sandeep N Lute And Shriram P Huse.
AGP for Respondents/State : Mr. R. K. Ingole
...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2026

PER COURT :

Heard.

2. Issue notice to the respondents. Learned A.G.P. waives service for
respondent/State

3. The applicants seek to condone delay of 1311 days caused in filing
appeal against the judgment and award passed by the Reference Court in
L.A.R. No 220/2018 at Jalna.

4. Perused the application and reasons stated therein. Considering the
reasons in paragraph nos. 2 to 4, case is made out to condone the delay.

5. In the result, the application is allowed. Delay is condoned subject to
condition that the applicants shall file undertaking to the Registrar (Judicial)
of this Court that they shall not claim interest or statutory benefits for the
delayed period, in case, they succeed in appeal.

6. Civil Application is disposed of.

( S. G. CHAPALGAONKAR, J.)

mkd/-

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