Bombay High Court
VISHNUDAS S/O. BALAJI WADIKAR.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR LATUR AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the 975‑day delay was not intentional and therefore warranted condonation.
Summary
The petitioner, Vishnudas Wadikar, filed a civil application seeking condonation of a 975‑day delay in filing an appeal. The applicant explained that the delay was not intentional or deliberate. The respondent State, represented by an Assistant Government Pleader, opposed the application, while a third respondent failed to appear. The court examined whether the delay warranted condonation and found the explanation satisfactory, concluding that the delay was not willful. Consequently, the court allowed the application, granting condonation of the delay and disposing of the matter as prayed for.
Issues considered
- Whether a delay of 975 days in filing an appeal can be condoned under procedural law
Subjects
- condonation of delay
- civil procedure
- appeal
- high court
- procedural law
Judgment
2026:BHC-AUG:42559
1 961-CA-7975-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
961 CIVIL APPLICATION NO. 7975 OF 2026
IN FAST/19313/2026
Vishnudas S/o. Balaji Wadikar.
VERSUS
The State Of Maharashtra Through The Dist Collector Latur And Ors.
...
Mr.Kuldeep Chaudhar h/f Mr.S.B. Solanke for the Applicant.
Ms.Deepali Jape, AGP for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
1. This Civil Application has been filed seeking condonation of
delay of 975 days in filing the present Appeal. The delay has been
satisfactorily explained by the Applicant. The delay does not appear to be
intentional or deliberate and, therefore, deserves to be condoned.
2. The learned AGP appearing for Respondent Nos. 1 and 2
opposes the Civil Application. Respondent No. 3, though duly served, has
not caused appearance.
3. In view of the above, the Civil Application is allowed in terms
of Prayer Clause [B] and stands disposed of accordingly.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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