Bombay High Court

SUBHASH MAROTI GADLAWAR DIED THR LRS SOMNATH MAROTI GADLAWAR AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The delay was not intentional or deliberate and was therefore condoned.

Summary

The claimants filed a civil application seeking condonation of a 534‑day delay in filing their appeal. Notices were issued; the respondents’ counsel appeared for Respondents 1 and 2, while Respondent 3 did not appear. The applicants explained the reasons for the delay in paragraphs 3 and 4 of the application, showing it was neither intentional nor deliberate. The court held that the delay merited condonation and allowed the application. Consequently, the first appeal was ordered to be registered and notice issued, with the respondent counsel waiving notice for Respondents 1 and 2.

Issues considered

The delay of 534 days in filing the appeal is intentional or deliberate
Whether the delay should be condoned under the Civil Procedure Code

Subjects

condonation of delay
civil procedure
appeal
high court
procedural law

Judgment

                                      1                         1062.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                CIVIL APPLICATION NO. 7875 OF 2025
                         IN FAST/12683/2025
      SUBHASH MAROTI GADLAWAR DIED THR LRS SOMNATH
                   MAROTI GADLAWAR AND ORS
                                 VERSUS
     THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                          NANDED AND ORS
                                    ...
        Advocate for Applicants : Mr. Chincholkar Ganpat Niranjan
                  AGP for Respondent Nos. 1 & 2 : Ms.
                                   …

                           CORAM : MANJUSHA DESHPANDE, J.

                            DATE      : 03rd SEPTEMBER, 2026


PER COURT :

1.             The Civil Application is filed by the Claimants/appellants

for condonation of delay of 534 days.


2.             Notices are already issued. Learned AGP appears on behalf

of Respondent nos. 1 and 2. Respondent no. 3 though served, none

appears for Respondent no. 3.


3.             Delay occurred in filing of the Appeal has been satisfactorily

explained by the Applicants in paragraph nos. 3 and 4 of the Civil

Application.
                                    2                      1062.odt


4.          Since the delay is not intentional or deliberate, delay

deserves to be condoned. The Civil Application stands allowed and

disposed of, accordingly.


5.          First Appeal be registered.


6.          Issue notice to the Respondents in First Appeal, returnable

on 01.10.2026. Learned AGP waives notice for Respondent nos. 1 and 2.




                                    ( MANJUSHA DESHPANDE, J. )




SPC

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