Bombay High Court

BHAGWAN YADHAVRAO LAD SINCE DECEASED THR LRS PARVATIBAI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay of 1,364 days is condoned, subject to an undertaking that no statutory benefit or interest will be claimed for the delayed period.

Summary

The claimants filed an appeal 1,364 days after the prescribed period, resulting in a petition for condonation of delay. The court examined whether the delay was intentional and whether it could be excused. The applicants satisfactorily explained the delay, showing it was not intentional. The court, exercising its discretion, condoned the delay on the condition that the applicants provide an undertaking not to claim any statutory benefit or interest for the delayed period within four weeks. Consequently, the civil application seeking condonation was allowed.

Issues considered

Whether a delay of 1,364 days in filing an appeal can be condoned under the Civil Procedure Code.
Whether the applicants may claim statutory benefits or interest for the period of delay.

Subjects

delay condonation
civil procedure
statutory benefits
interest
High Court of Bombay

Judgment

2026:BHC-AUG:41089


                                                   1                        1113.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 6866 OF 2026
                                     IN FAST/14898/2026
                    BHAGWAN YADHAVRAO LAD SINCE DECEASED THR LRS
                                    PARVATIBAI AND ORS.
                                            VERSUS
                      THE STATE OF MAHARASHTRA THROUGH THE DIST
                                COLLECTOR JALNA AND ORS.
                                                ...
                            Advocate for Applicants : Mr. Koralkar A.H.
                          AGP for Respondent/s – State : Ms. Deepali Jape
                                                …
                                      CORAM : MANJUSHA DESHPANDE, J.
                                      DATE : 03rd SEPTEMBER, 2026

              PER COURT :

              1.           There is a delay of 1364 days in filing the Appeal by the

              Claimants.

              2.           Delay is appropriately explained by the Applicants. The

              delay is not intentional. Delay is condoned subject to the condition that

              the Applicants shall furnish an undertaking to Registrar (Judicial) of this

              Court, stating that they will not claim any statutory benefit and interest

              for delayed period, within a period of four weeks.

              3.           Civil Application is allowed.




                                                       ( MANJUSHA DESHPANDE, J. )
              SPC

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