Bombay High Court

KALU DALSING RATHODversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court condoned the delay but barred the applicants from claiming interest or statutory benefits for the delayed period.

Summary

The applicants, Kalu Dalsing Rathod and Rambhau Dalsing Rathod, filed civil applications seeking condonation of a delay of 2,791 and 2,694 days respectively in preferring their first appeals against orders dated 2 December 2025. They offered to forgo interest and statutory benefits accrued during the delayed period. The respondents did not appear or contest the applications, and the court found the delay to be unintentional and attributable to the applicants. The court held that the delay could be condoned but imposed a condition that the applicants would not be entitled to any interest or statutory benefits for the period of delay. Consequently, the applications were allowed on that condition.

Issues considered

Whether the court may condone a delay of over seven years in filing first appeals under the limitation provisions.
Whether the applicants are entitled to interest and statutory benefits for the period of delay.

Subjects

condonation of delay
limitation period
first appeal
interest
statutory benefits
civil procedure

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

        77 CIVIL APPLICATION NO. 7754 OF 2025
                   IN FAST/6222/2025
                KALU DALSING RATHOD
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                    JALNA AND ORS.

                              AND

        78 CIVIL APPLICATION NO. 7814 OF 2025
                   IN FAST/6186/2025
             RAMBHAU DALSING RATHOD
                        VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                    JALNA AND ORS.

                               ...
Advocate for Applicants : Mr. P. A. Bharat h/f Mr. Pingale D. M.
    AGPs for Respondent/s-State : Mr. N. D. Raje, Mr. V. V.
                   Jahagirdar, respectively.
                               …


                          CORAM :     SHAILESH P. BRAHME, J.
                          DATE :      18.03.2026
PER COURT :-


1.    Heard both sides.


2.    Applicants seek to condone delay of 2791 and 2694 days

in preferring respective first appeals. They are ready to give up

interest and statutory benefits for the delayed period.
3.      The contesting party respondent No.3 has not caused

appearance. The contents of the applications have not been

denied by the respondents. The delay is unintentional. There

are lapses as the applications were filed on 17.02.2025 and

first order was secured on 02.12.2025. Those are attributable

to the applicants. The delay stands condone.


4.      Civil   applications are         allowed   on condition that

applicants shall not be entitled to interest and statutory

benefits for the delayed period as well as period for lapses.




                                           (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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