Bombay High Court

KARBHARI S/O. PANDURANG KAPRE AND ANR.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR BEED AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 5,643‑day delay subject to an undertaking by the applicants not to claim statutory benefits or interest for the delayed period.

Summary

The applicants, Karbhari and others, filed a civil application seeking service of notice on a third respondent and condonation of a 5,643‑day delay in filing an appeal against the State of Maharashtra. The court noted that the service of the unserved respondent was complete and that the applicants had provided a satisfactory explanation for the extensive delay. Accordingly, the court condoned the delay on the condition that the applicants file an undertaking within eight weeks not to claim statutory benefits or interest for the delayed period. The civil application was allowed as per prayer clause “B”. In the first appeal, the court admitted the appeal, waived service of notice for the State respondents, and ordered the matter to be listed for further hearing on 26‑11‑2026.

Issues considered

Whether the 5,643‑day delay in filing the appeal can be condoned.
Whether service of notice on the third respondent is deemed complete.
Whether the applicants can be restrained from claiming statutory benefits and interest for the delayed period.

Subjects

condonation of delay
service of notice
civil procedure
statutory benefits
interest
appeal
High Court

Judgment

                            1                    1038-CA.5860-26.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

          1038 CIVIL APPLICATION NO. 5860 OF 2026
                     IN FAST/14524/2026

        KARBHARI S/O. PANDURANG KAPRE AND ANR.
                         VERSUS
      THE STATE OF MAHARASHTRA THROUGH THE DIST
                COLLECTOR BEED AND ORS.
                                ...
     Advocate for Applicants : Mr. Bhise Raghvendra Diliprao.
       AGP for Respondent/s-State : Ms. Dr. Kalpalata Patil
                         Bharaswadkar.
                                ...

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

PER COURT :-


1.     Learned advocate for the applicants has tendered across

the bar the pursis of service on respondent No.3. In view of

the submissions of the pursis, the service of unserved

respondent No.3 is complete. Learned AGP appears for

respondent Nos.1 and 2/State Authorities. There is a delay of

5643 days caused in filing the appeal. The reasons for delay

have been satisfactorily explained in civil application.


2.     In view of the elaborate explanation given by the

applicants, the delay of 5643 days deserves to be condoned

subject to condition that the claimants shall furnish an

undertaking to the Registrar (Judicial) of this Court that they
                              2                     1038-CA.5860-26.odt


will not claim statutory benefits and interest for the delayed

period. This undertaking shall be filed within a period of eight

(8) weeks.


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


                            First Appeal


4.      Admit.


5.      Learned     AGP     waives       service   of   notice     for

respondents/State Authorities.


6.      Call for R and P.


7.      Stand over to 26.11.2026.




                                  (MANJUSHA A. DESHPANDE, J.)

                                   ...

vmk/-

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