Bombay High Court

SANTOSH RANJITRAO VARKADversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the applicant's satisfactory explanation warranted condonation of the 1998‑day delay, allowing the appeal.

Summary

The applicant, Santosh Ranjitrao Varkad, filed a civil application seeking condonation of a 1998‑day delay in filing his appeal against the State of Maharashtra. The notice was served to Respondent No. 3, who did not appear before the court. The applicant explained the reasons for the delay in paragraphs 3 and 4 of the application. The bench examined whether the explanation was sufficient to justify condonation of such a long delay. Finding the explanation satisfactory, the court allowed the application and thereby permitted the appeal to proceed. The civil application was consequently disposed of.

Issues considered

Whether a delay of 1998 days in filing an appeal can be condoned under the Civil Procedure Code?
Whether service of notice on a respondent who fails to appear affects the condonation of delay?

Subjects

condonation of delay
civil procedure
appeal
high court
service of notice

Judgment

2026:BHC-AUG:40835


                                                  1                        1061.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 7813 OF 2025
                                     IN FAST/9592/2025
                             SANTOSH RANJITRAO VARKAD
                                            VERSUS
               THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                                      JALNA AND ORS.
                                               ...
                   Advocate for Applicant : Mr. Kakde S.m. And Kakade D.m.
                   AGP for Respondent Nos. 1 & 2 : Ms. Vaishali Chaudhari
                                               …
                                    CORAM : MANJUSHA DESHPANDE, J.
                                    DATE : 03rd SEPTEMBER, 2026
              PER COURT :

              1.           This Application is filed for condonation of delay of 1998

              days in filing the Appeal by the Claimant.

              2.           Although the notice is served to Respondent no. 3, none

              appears for him.

              3.           Delay is explained by the Applicant in paragraph nos. 3 and

              4 of the Civil Application.

              4.           In view of the satisfactory explanation, Civil Application is

              allowed in terms of prayer clause ‘A’.

              5.           Civil Application stands disposed of.




                                                ( MANJUSHA DESHPANDE, J. )
              SPC

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