Bombay High Court
BALAJI DANYANOBA MULE.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the delay subject to the applicant’s undertaking not to claim statutory benefits or interest for the period of delay.
Summary
The applicant, an agriculturist of modest means, filed a civil application seeking condonation of a 3,515‑day delay in filing his first appeal against a decree of the State of Maharashtra. He explained that financial constraints prevented timely filing and asserted that the delay was neither intentional nor deliberate. The Court examined whether such an extensive delay could be excused under the principles of equity and procedural law. It held that, given the applicant's circumstances and lack of malice, the delay merited condonation, but imposed a condition that the applicant execute an undertaking not to claim statutory benefits or interest for the period of delay. The undertaking was to be filed within four weeks of the order. Consequently, the Court ordered the first appeal to be registered and the civil application disposed.
Issues considered
- Whether a delay of 3,515 days in filing a first appeal can be condoned under civil procedure law
Subjects
- condonation of delay
- first appeal
- civil procedure
- undertaking
- statutory benefits
- interest
- agriculturist litigant
Judgment
2026:BHC-AUG:38806
1 960 ca 5682.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 5682 OF 2026
IN
FIRST APPEAL STAMP NO. 11612 OF 2026
Balaji Danyanoba Mule .. Applicant
Versus
The State of Maharashtra, through
the Collector .. Respondent
Shri A. P. Nahar, Advocate h/f Shri Anand P. Bhandari,
Advocate for the Applicant.
Mrs. Deepali S. Jape, A.G.P. for the Respondent.
CORAM : MANJUSHA A. DESHPANDE, J.
DATE : 27TH AUGUST, 2026.
ORDER :
. This civil application has been filed for condonation of
delay of 3515 days caused in filing the first appeal by the
claimant. The reasons for delay have been explained in para
Nos. 3, 4 and 5.
2. It is stated that the applicant is agriculturist by profession
and belong to rustic background. Due to paucity of funds, he
could not approach the Court and file the first appeal within
time. As such there is delay in filing the first appeal.
3. Since the delay is not intentional and deliberate the delay
2 960 ca 5682.26
deserves to be condoned. However, subject to the condition that
the applicant – claimant shall furnish an undertaking before the
Registrar (Judicial) of this Court mentioning that he will not
claim the statutory benefits and interest for the period of delay
that has caused in filing the appeal. The undertaking shall be
filed within a period of four (04) weeks from the date of this
order. Copy of this order shall be kept along with the first appeal
for reference and to be considered at the time of final hearing of
the appeal.
4. For the reasons stated in the application the delay stands
condoned subject to condition mentioned hereinabove. Office
shall register the first appeal. The civil application stands
disposed of.
[ MANJUSHA A. DESHPANDE J. ]
bsb/Aug. 26
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