Bombay High Court

LIMBRAJ DATTATRAYA PATIL (DIED) THROUGH LEGAL REPR. MANGALBAI (DIED) THR LEGAL REPR. VAIBHAVversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 2,450‑day delay, subject to an undertaking that the petitioners will not claim statutory benefits or interest for the delayed period.

Summary

The petitioners, representatives of the deceased Limbraj Dattatraya Patil and Mangalbai, filed a civil application seeking condonation of a 2,450‑day delay in filing their first appeal against a decree of the State of Maharashtra. The respondents, represented by the State, were served and appeared, while one respondent did not appear. The court examined the reasons for the delay, found them satisfactorily explained, and granted condonation on the condition that the petitioners furnish an undertaking not to claim any statutory benefits or interest for the delayed period within eight weeks. The undertaking condition was imposed to prevent unjust enrichment. Consequently, the application was allowed as per prayer clause “B”.

Issues considered

Whether a delay of 2,450 days in filing a first appeal can be condoned under the Civil Procedure Code
Whether the court may condition condonation on an undertaking not to claim statutory benefits and interest

Subjects

condonation of delay
civil procedure
first appeal
statutory benefits
interest
undertaking

Judgment

                            1                   1037-CA.5678-26.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

          1037 CIVIL APPLICATION NO. 5678 OF 2026
                     IN FAST/12000/2026

LIMBRAJ DATTATRAYA PATIL (DIED) THROUGH LEGAL REPR.
     MANGALBAI (DIED) THR LEGAL REPR. VAIBHAV
                      VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
               OSMANABAD AND ORS.
                                ...
     Advocate for Applicant : Mr. Kadam Jaydeep Samadhan.
     AGP for Respondent/s-State : Ms. Vaishali S. Chaudhary.
                                ...

                      CORAM : MANJUSHA A. DESHPANDE, J.
                      DATE : 24.09.2026

PER COURT :-


1.     This civil application is filed by the claimants. for

condonation of delay of 2450 days caused in filing the first

appeal.


2.     Notice was issued in this matter and all the respondents

are served. Learned AGP appeared for the respondents/State

Authorities. Respondent No.3 though served none appears for

him.


3.     Reasons for delay are satisfactorily explained in the

application. For the reasons stated in the application, the delay

of 2450 days is condoned subject to condition that the

applicants shall furnish undertaking to the Registrar (Judicial)
                              2                   1037-CA.5678-26.odt


of this Court that they will not claim any statutory benefits and

interest for the delayed period. The undertaking shall be

furnished within a period of eight (8) weeks from today.


4.      Civil application is allowed in terms of prayer clause “B”.




                                  (MANJUSHA A. DESHPANDE, J.)

                                   ...

vmk/-

Continue reading with your account

Checking your session…